In a land mark judgment Bombay High Court had said that you cannot ask for a refund unless you prove you were forced to pay the sum over and above the limit of Rs.25000/-.
The court has held that members of a co-operative housing society cannot seek a fund of transfer fees paid for transferring shares in his or her name unless they prove that the amount was paid under coercion. This is because the Society Act in Maharashtra states charging more than Rs.25000 as transfer fees is illegal.
Mr. Justice Roshan Dalvi reversed the order of a co-operative appellate court which had directed Bhartiya Bhavan Co-operative Housing Society Ltd. At Marin Drive to refund Rs.9.63 lakh to its member Krishna Bajaj.
