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