Builder Fined for Not Transferring Property to CHS

The Thane District Consumer Disputes Redressal Forum has directed a builder to pay compensation of Rs1 lakh for failing to transfer the property in the name of a cooperative housing society (CHS) and also failing to convey the land to the CHS. Accepting the complaint of the CHS for deficiency of services, the Forum said Anubhav Builders had not complied with the provisions of the Maharashtra Ownership of Flats Act (MOFA), 1963.

The Forum pointed out that the agreement states that the flats would be transferred; it was also mandatory under MOFA for the land to be transferred to the buyers. It also came to light that the builder had sold a part of the land to another developer, a fact which was not disclosed to the complainant CHS.

The Forum directed the builder to complete the formalities within three months from the date of the order, failing which he will have to pay a penalty of Rs1,000 per day of delay. Additionally, the Forum ordered the respondent to pay a compensation of Rs1 lakh towards the cost of complaint and other expenses within three months, or pay an additional Rs2 lakh to the CHS.

 

NOTE:
Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )


 

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BMC Clueless as ‘Repaired’ Building Emerges with 6 Additional Floors

The landlord of a three-storey structure at Zaveri Bazaar (Mumbai), who allegedly turned it into a nine-storey building under the pretext of repairing it, has been booked for forging civic documents by the police along with his partner and officials from the BMC, following a court order.

The builder is also believed to have carried out the additional construction himself. The court order came in response to a complaint by activist Santosh Daundkar, who claims that the builder, under the guise of renovating the building, hired an architect to draw up a plan for six additional floors before getting them constructed without permission from the BMC.

Mr Daundkar’s complaint alleges that the landlord and developers forged a number of civic documents, including the commencement certificate and intimation of disapproval, to construct the additional floors.

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Relief for Cooperative Housing Societies

The Maharashtra government has extended the period for completion of deemed conveyance (DC) deeds to eligible cooperative housing societies (CHS) till December 2014. The drive had received a lukewarm response in 2013.

According to the provisions of Maharashtra Ownership Flats Act of 1963 (MOFA), the promoter (builder/developer) is legally required to convey the land and building within four months of the formation to the CHS or any legal body of the flat purchasers.

According to the provisions under Section 11 of MOFA, the conveyance of land is the right of the CHS and the duty of the property developer to be executed within four months from the date of registration of the CHS.

 

 

NOTE:
Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

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