Flat Owners Charter of Demands for the Political Parties in Maharashtra
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FLAT OWNERS CHARTER OF DEMANDS TO THE POLITICAL PARTIES IN MAHARASHTRA
We the flat owners in Mahrashtra are disappointed with the government and its outdated, ineffective legislations & equally ineffective dispute redressal systems due to which maximum cases pending in courts are against builders and most our daily problems are due to an ineffective and incompetent local authority.
We hereby submit our list of demands which we earnestly request you as a political party in Maharahstra desiring to be key player durinh the Maharashtra Assembly 2019 elections to take cognizance and respond with your views and commitments. Further, we specifically seek your clarity as to which of these demands you will fulfill during 2019-2024, if your party or a coalition comes to power in the State of Maharashtra?
1. Consumer Protection Act, 2019
- Pendency of cases in consumer courts has delayed and denied justice to consumers.
- The effective implementation of the act and setting up of NCDRC Bench in Maharashtra and setting up Consumer e-courts are our key demands
- Failure in speedy execution of RERA orders is turning RERA into a paper act.
- Therefore setting up a dedicated “court order” execution department in RERA with the Dist Collector and Police Commissioner as stakeholders to execute the RERA orders is a key demand
3. Maharashtra Cooperative Societies Act, 1960
- Lack of dedicated resources to address the working needs of Co-op Housing Societies.
- There is a dire need for a separate authority for CHS with officials at Taluka level dedicated only for the Housing Societies sector and for redressal of their grievances.
4. Maharashtra Apartment Ownership Act, 1970
- In view of increasing misuse by builders, and recent changes effected in the Maharashtra Cooperative Societies Act (1960), 97th constitutional amendment, it is evident that the Maharashtra Apartment Ownership Act, 1970 has become outdated and unconstitutional.
- We therefore demand that the Maharashtra Apartment Ownership Act, 1970 be repealed with immediate effect. We further demand that the housing complexes registered and governed under the MAOA, 1970; be brought under the ambit of the Maharashtra Cooperative Societies Act, 1960 with immediate effect, through appropriate statutory mechanism.
5. Maharashtra Ownership Flats Act (MOFA)
- MOFA has been made toothless because Police avoid registering FIR against builders and direct flat owners to consumer court and civil court.
- We therefore demand a dedicated “Bharosa Cell for Flat Buyer complaints in every Police Commissioner’s office with a DCP rank officer as Head of the cell to ensure FIRs are mandatorily filed against builders for any MOFA violation
- Bharosa Cell should ensure that affidavits given by builders to govt authority should be checked for compliance and FIRs registered by respective authority,department for violation of these affidavits.
6. Essential Services Act for Real Estate Consumers
- Lack of basic needs like water,roads,electricity are resulting in social unrest amongst honest tax payers.
- All such services needs to under Essential Services and local bodies should not be allowed to tax flat buyers or give building permissions without making basic infrastructure available
7. Municipal Corporation Act, MRTP Act & DC Rules
- Local bodies have miserably failed in fulfilling their constitutional duties as per Schedules of the 73rd and 74th Constitutional amendments.
- Citizen participation by appointment of non political citizens in Ward Committees and immediate implementation of Area Sabha rules is therefore of utmost importance. Mandatory transfer of civic employees after 3 years, Suspension and Dismissal of civic employees by an Area Sabha resolution and all civic services under RTS Act are our key demands.
8. Governance Systems for Urban Maharashtra
- Good governance refers to the public administration process that maximizes public interest. One of its essential features is collaborative management of public life,performed by both the State and the citizens.
- We demand bringing non classified transactional data online with OpenData standards, such information and data would get to achieve the good governance via following six essentials pillars: 1. Legitimacy 2. Transparency 3. Accountability 4. Rule of law 5. Responsiveness 6. Effectiveness
9. Right to Information Act
- Pendency of appeals,vacant CIC positions are serious cause of concern.
- Immediate appointment of CICs and hearing of all pending appeals is our key demand
10. Right to Services Act
- Vacant RTS Commissioner positions are a serious concern as well as few services only listed under RTS defeat the purpose of the act.
- Immediate appointment of RTS Commissioners for entire state and all services provided by the respective departments should be part of RTS are our key demands.
11. MSEDCL - Most consumer unfriendly organization
- Autocratic functioning of MSEDCL with zero consumer satisfaction focus,illegal activities like disconnecting service without notice, non payment of rent to Societies for transformer, frequent outages, non maintenance of infra etc are our major concerns.
- We demand complete revamp of MSEDCL with additional Independent Directors representing Industry ( CII,FICCI,MCCIA representation ) & Consumer organisations like Grahak Panchayat , Society Federation. Online consumer grievance redressal and all services of MSEDCL to come under RTS Act.
12. Specific Demands by the Akhil Bhartiya Grahak Panchayat
- Supreme Court Bench to be established in Mumbai
- Anticipatory bail provision should be exercised only in rare cases as most builders are using this to escape investigation
- Builders are filing defamation cases against consumers who raise their voice against deficiency of services,fraud,cheating indulged by the builder. Such defamation cases are acts of coercion and intimidation against consumers and courts should throw these out and penalise such builders heavily for stifling the fundamental right of a citizen to express their opinions.
For each of these ten key demands along with specific one's by the Akhil Bhartiya Grahak Panchayat, we do have set of document that provides rational, justification and need for these demands to be included by each Political party in their manifesto.
Appendix - I: ILLUSTRATIVE DEMANDS DOCUMENT [Flat Owners Charter of Demands for the Political Parties in Maharashtra]
Should you need these documents and/or further clarifications then please do write to us at email@example.com
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