LOk Yamuna endless saga and no idea on what we are doing as CHS ; good thing that we formed the CHS at least...

[manas kundu]

A friend of mine bought a flat about 8 years back in Borivali.  Carefully read please and if we are planning legal steps some inputs may emerge. Remember we are celebrating little more than decade now .

The issues are in black and answers by Mr Prabhu is red :

 

1. Till date builder has not formed a society or Resident Association and hence no conveyance also done. 

My Ans: Now formation of the CHS is your fundamental right, members can voluntarily form and register a CHS quickly & simultaneously file a Criminal case for violation of Section 3,5 R/w 13 of MOFA'1963 at Borivali - Criminal Justice Court.

 

 

2. Builder has sold flat under Maharashtra Ownership Flats Act, 1963 but wants to keep perpetual control by way of Maharashtra Apartment Ownership             Act, 1970. Is it correct? 

My Ans:Thats again a Breach of Trust / Contract + DECEPTIVE TRADE PRACTISED, hence you can take up the issues in Criminal Complaint & Consumer Complaint too;

 

           

3. Builder is also charging higher Property tax than fixed by BMC.

My Ans: Seek explanation & supporting, it could be rewarding for you to seek refund with interest with respect to section to Section 6 R/w 13 of MOFA'1963 & its a Crime / Criminal Mis-Appropriation ;

 

4. For resale of flats Builder has been charging huge amount of money in cash.

My Ans: Its nothing but Extortion if viewed with due respect to section 8 of the Transfer of Property Act, hence refundable if paid by cheques / receipts:

 

5. Builder has also utilised extra FSI granted by BMC for another/new building.  

My Ans; Again its nothing but Criminal Misappropriation of  Assets / Property, if viewed with due respect to section 7 & 7A R/w Section 13 of MOFA'1963; in the Criminal Complaint:

 

 

6. The Agreement has all the clauses favouring the builder. It is oneway Agreement.

My Ans: Those clauses when read with section 16 of MOFA'1963, will be redundant & have  no effect on the Buyer, it is Builders unique ways to  just to create Fear psychosis while under the Contract for purchase of flats & for self enrichment as he has been doing for past many years with you, unless you wake up & act now. The RICH DP Plans / FSI of around 1:5 are on their way by May'2016, be guarded quickly:

 

Would be grateful to hear your expert advice on the course of action in this matter.

 

Thank you