Your Housing Problems & Solutions
Building Underconstruction Q: I sold my 1+1 property in Charkop to buy a flat in Goregaon where I stay right now on rent. But that builder is not giving our money back, its almost more than three years since we demanded our money as the work is incomplete. The day we invested our money till today he has been stuck on 10th floor. It was originally a 21 floor plan. Also there was a SRA project which was going on just adjacent to the building, he has given a common gate to both buildings. He always gives us excuses by giving silly reason that he is bankrupt. We don't know what to do. We can't take help from court because already there are lakhs of cases pending in our jurisdiction. Please guide me a way so that I can get my hard earned money back.
A: If your builder's project at Goregaon is not completed, then he has to register his project with MahaRERA. As you have booked your flat in his project, you must be having some proof, such as receipt for making him advance payment to buy his under construction flat, allotment letter or Agreement for Sale, etc. With these documents, you first do search on MahaRERA site, to see whether said builder has registered his project at Goregaon with MahaRERA. If he has not registered, then you make complaint to MahaRERA against the builder for not registering his of under construction project.
If you get IOD and CC of your building, it will greatly help in making your complaint with MahaRERA. You can get these documents under RTI from Building Proposal Department, West-2 of BMC, at Thakur Village, Kandivli East.
No Response Q: A member of a cooperative housing society seeks information, including documents on its functioning, through letters sent by Speed Post. The society does not bother to reply, and it also fails to inform the other members, that one of the member is seeking information. Also, initially the society accepts some letters sent by the member, but later on, members of the managing committee refuse to even accept the letters sent by Speed Post. The member is exercising his right under the byelaws to seek information. Instead, the society passes a resolution in one of the meetings of the managing committee, saying that it will respond appropriately after discussing with the chartered accountant/advocate. The society seems to be disinclined to part with the information fearing that the misdeeds of the managing committee will be exposed, hence the need to respond only after consulting an advocate or a chartered accountant. Even this resolution is not shared with the members. Can the society appoint an advocate merely for replying to letters sent by a member seeking information? Does this not amount to discouraging a member from seeking information?
A: Not giving reply to the letter from the member, Managing Committee of the society is violating the provisions of Bye-law No 138 (16) read with Bye-law No 112.
If Managing Committee of a society wants to take its decision on any letter from its member, in consultation with a CA or an Advocate, then, their professional fees are within the limit as stated in Byelaw no. 157, they can do it without calling a General Body Meeting. Still, such an expenditure has to be
passed in next AGM.
Any member can ask the details of such expenditure from Managing Committee in the AGM.
If you find that your Society is not replying a valid queries from the members or not receiving the letters from the members, then, Under Bye-law No.174(A)(vii) and (ix), you can make a complaint to the Deputy Registrar, against the Managing Committee of the Society. For undue expenditure for Advocate's service or consultation with a CA by the Managing Committee of the society, you can make a separate complaint to Deputy Registrar, under Bye-law No 174(A)(xv) and (xvi).
Nominated member Q: I along with my uncle jointly own a flat in a housing society. Should we both have nominations separately? How can it be done?
A: If two or more persons buy a flat by a single agreement or if owner of the flat gives part of his flat free of charge by a gift deed, then flat will have two or more owners. In such a case, each partial owner has a right to make of his nominee for his part in the flat.
Female Member in Election Q: In a cooperative housing society election whether female members are eligible to contest in female category as well as in general category?
A: Same female member can simultaneously contest from General and Ladies category of a Cooperative Housing Society's election. If she gets elected from both categories, she has to resign from one of the positions. If she resigns at one place, for her resigned post, a byeelection is held same day, in a society having members, up to 200.