1.         The complainant filed a complaint case for refund of transfer fees of Rs.4,09,100/- towards NOC which has not  been charges as per Govt. norms prescribed by State Govt. for the execution of sale deed of his flat on 04.05.2016 vide annexure-3 with complaint. The complainant moved application for refund of excess transfer fee to OP on 15.10.2016 and legal notice on 16.1.2017. Hence the cause of action is continuous one, therefore application may be allowed.

2.    The OP submitted the co-operative court is proper court  having jurisdiction and the issue involved mixed of fact and laws hence the application may be rejected.

3.    Non refund of excessive transfer fees or reply to the letter and notice of complaint, the cause of action is continuous. The issue can be decided summary trial on merit, hence opportunity to plead the case shall necessarily be given for justice.

4.    Hence, application is allowed subject to cost of Rs.1000/- to be paid to OP.