Your Housing Problems & Solutions
Structural Defects In Newly Purchased Flat
Q: I stay in a Society in Mira Road, where I had purchased a new flat under RERA Registration in December 2017 and received possession in the November 2018.
I started living in the flat from January 2019. Within this period there have been multiple cracks on my walls and ceiling. The builder has not yet handed over to the society and it is still being managed by him. In my flat the ceiling had fallen and has been repaired twice. The expenses of these repairs are being taken care of by the builder. I wanted to know if there is any legal action that can be taken and how I can go about it. As I really feel duped about the entire thing. A middle class employee puts all his savings, a huge home loan to buy a new flat and then what we receive is more than just disappointing. Please advise.
A: You have two difficulties. First, are the structural problems in your flat. Each building has ten years of structural guarantee, and five years of construction defects guarantee to each individual flat.
Your flat is covered under the construction defects guarantee period. Your builder should attend defects of your flat, and repair it free of charge, within the five years of allotment of the flat to you. Regarding such defects, make a complaint to Thane District Consumer Court, whose office is in Thane District Collector's Office, opposite District Court, Thane west. To make a consumer complaint, you need not hire the services of an advocate. Consumer Court staff will guide you how to make consumer court complaint against the builder and present it in the consumer court. As facts are known to you, you can argue the case yourself.
Your second problem is the fact that your building's society is managed by the builder. When society is formed, it is managed by the elected members, who are all flat owners of your society's building.
If builder interferes in management of the Society, then either society's office bearers or even yourself, can write a complaint to Deputy Registrar of Co-operative Societies of your area against Society of your building, with the builder, for mismanaging the affairs of the society.
Redevelopment of a MHADA Building
Q: We are residing on a MHADA plot in the western suburbs. Our building was not a registered society because of less number of members. In 2010, all the members individually approved and gave consent to one of the developer to fulfill all the legal requirements and bring the building under Society Act.
He completed all the formalities and procedures to register the society under the Maharashtra CoOperative Housing Society Act. He had sent us a re-development offer when our building was not registered under Society Act.
All the original documents such as Conveyance Deed and Lease Deed are executed and lying with the developer. Since 2010 onwards, no further procedure has taken place. In 2014-2015, he had sent the society a revised re-development offer which the society had not approved. In 2017-18, we called few more offers from other developers along with the developer who formed our society. We selected the best offer of another developer and 79A procedure of the re-development has been complied with.
Since the Original documents are lying with the earlier developer, we requested in writing to him and made various phone calls to get our original documents back, but have had no success so far. Now, we want to move further with re-development.If our first developer is not giving us the Original documents what can be done? The MOU which was signed with him in 2010 with X offer which was signed by the individual members and not by the society, as the society was not formed. In this case what is your advice?
A: Now simply forget the builder and do as I have directed below. Since your building is on MHADA plot, owner of the land (if building is built by MHADA) and the building, both are MHADA.
Are you sure, that your Building's society registration certificate is obtained from Deputy Registrar of Co-operative Societies, MHADA Building, Bandra East? If not go there and ask. If builder has not done full work to register you building's society, then do it yourself.
On ground floor of MHADA Building, as you go towards MHADA Canteen, on your left hand side, there is a MHADA Employee's Co-operative Store. There you will get all the needful forms and Bye-laws Book to register the Society of your Building.
In MHADA office, ask PRO MHADA where you can find the Office of your Deputy registrar and office of Estate Manager. There, in the office of Estate Manager MHADA, ask why Conveyance of your building is not given to your society yet.
Only after conveyance of your building is done, and on Property Card of your land, your Society's name comes as a Leasee of MHADA, then you can go for redevelopment.
I suggest, that you go for self redevelopment of your MHADA building. In the MHADA office, there is Self Redevelopment Cell, who will guide your society, how to proceed further with self Redevelopment of your building.