With the recent Campa Cola episode, Moneylife Foundation has been receiving huge request from its members to conduct seminars relating to realty issues and issues relatingto cooperative housing societies (CHS). After many such successful events in the past MoneylifeFoundation conducted another workshop on issues related to CHS. Advocate Vinod Sampat, an expert in CHS matters, in association with Moneylife Foundation, spoke extensively on co-operative housing society issues, member’s rights & remedies available.
“Common issues in any CHS can be resolved by discussion. If this does not solve the issue, the complainant may have to raise it to appropriate authorities, like municipal corporation, deputy registrar for cooperatives, consumer court and police,” explained Mr Sampat to a packed audience. Many residents are not familiar with the workings of the CHS, and are left confused while dealing with a variety of civic and legal compliances. Mr Sampat went on to speak on several issues like when conveyance is not obtained by society, occupation certificate not handed over by the builder, building completion certificate not handed over and many such issues involving the builder and society. He specifically mentioned that affected members should approach consumer courts before the regulatory act is enacted, which is all in favour of builders. He said one should claim heavy damages and file criminal complaint against builders.
Sometimes, there are infractions between housing societies and individual apartmentowners, as well as outsiders. However, many individual apartment owners are at a loss as far as grievance is concerned and do not know how to proceed with their complaint. There are several issues in a CHS, like car parking, leakages, fraudulent auditing, unauthorised construction, and many other issues. Home owners need to know the right recourse to take action to ensure that their rights are maintained and upheld.
He further spoke on conveyance and re-development. He said, “Unfortunately, the real estate sector is unregulated, and few people have knowledge about its various laws. And even fewer can stand up to the powerful builders’ lobby.” The recent Campa Cola episode shows that co-operative housing societies must exercise due caution, when it comes to maintaining and ensuring that their buildings comply with the law.
As per the provisions of section 11 of the Maharashtra Ownerships Flats Act (MOFA), the promoter is duty-bound to complete his title and convey the same to the organisation of persons who had bought the flat (i.e. cooperative society, CHS, home buyer, apartmentowner, etc). The conveyance has to be executed and the promoter or builder has to deliver the title relating to the property. It is also the duty of the promoter to file a copy of the conveyance with the flat purchasers and the competent authority under section 11(2).
Mr Sampat also offered tips to the audience on selecting developers for redevelopment projects. He insisted that the process should be transparent, and advised that members should have legal and technical consultants to interact with the builder. Also, it is important to check the builder’s credentials and financial conditions. Read more on CHS and important points to consider before buying a home: Cooperative housing societies: Common issues and solutions How to buy home or flat in Mumbai safely and smartly Home buyers’ checklist while dealing with the builder, developer Deemed conveyance: Who is responsible, CHS or the builder?
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