Making a complete mockery of norms, a builder has failed to form a cooperative society for flat owners of a building for the last 13 years.
Making a complete mockery of norms, a builder has failed to form a cooperative society for flat owners of a building for the last 13 years. Following one of the flat owners’ complaint, the State Information Commission has directed the deputy registrar of cooperative companies to ensure that the builder now does so.
Pronouncing the order, the state information commissioner Vasant Patil also issued a show cause notice to deputy registrar of cooperative societies asking him why a penalty of Rs 250 per day not be levied on him.
“I had directed the first appellate authority and deputy registrar of cooperative companies on December 17, 2014 to be present for the hearing personally. Yet, the official did not turn up. He did not even inform the complainant about various issues related to the case. Thus, it is a violation according to section 20 (1). Official should reply within 30 days from receiving the notice,” he said.
Patil said it was mandatory for the builder to register a cooperative society before giving possession of the flats to purchasers. “Maharashtra Ownership of Flat Act 1963 makes it mandatory. The builder was informed to register the society. But it is the responsibility of the deputy registrar of the cooperative societies to initiate steps and ensure registration of the society. Deputy registrar of cooperative societies should initiate steps in this regard and submit the report,” he directed.
The complainant, Siddeshwar Hawa’s initiative has come as a breather to the other flat owners. “I had purchased one of the 20 flats in Suman Castle developed by builder Panchvati Builders on Amravati Road. I had paid for the flat and got possession in 2003. Similarly 19 other persons got the flats. The sale deed of the flat was executed by the builder in 2008 violating the norms. We had demanded the builder to register society of flat owners many times but he had not done so. There is no registered society of flat owners in these 12 years. It is violation of the Act and non-compliance can land the builder jail,” he said.
Hawa added that the office of deputy registrar of cooperative societies took no action despite his complaints. “Official only sent a letter to builder and two reminders. Property of the flat scheme has to be transferred to the society which did not happen due to lack of society formation. Registered society helps in maintenance of the flat scheme. The builder is not ready to register the society as he has committed various violations in the building. Also, the builder did not get occupancy certificate, which is a must to register the society,” he said.