Request for review in the implementation of registration of housing societies
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We the residents of *"Mayuresh Residency"* located opposite to Asian Paints in Bhandup had purchased the Flat in the above mentioned project of *Mr. Shreegopal Barasia* of Mayuresh Group. Our complex consists of 380 flats of which 321 flats have been sold. Our sales agreement , as per the provision of section 4 of MOFA , 1963, clearly states that the builder will
form a CHS and for which he has already collected the society formation charges from all of us at the time of flat registration. Despite this registered agreement, in Aug 2016 the builder formed a Pvt. Ltd. Company taking into confidence few of his close members and without informing completing the due legal formalities and did not take the consent of flat purchasers.
By this action, the builder violated the agreement registered under MOFA 1963, it is a criminal breach of trust under section 406, 409 of IPC, and also clear violation of Maharashtra Cooperatives Society Act,1960. We have been sending letters and also meetings with builder's representative
for registration of society from 2013. Latest being on 2 Feb 2017 when we sent him a letter requesting him to form the CHS and handover the society to the members only then he announced that a Pvt. Ltd. Company has been formed which will take over the maintenance of our society w.e.f. 1st April 2017. .
The builder through out the past years has collected maintenance and demanded arrears and charged interests as per his whims and fancies. Due to these situations the nearly 200 resident families came together and where it was unanimously
decided that we want a CHS and not any company in our society and a team of Provisional Working Committee was elected to do the needful and represent on behalf of all the members.
Inspite of all this the PWC went to meet the builder for amicable solution on 11th March where he agreed to dissolve the company and form a CHS. The builder put a condition that the members should clear their maintenance dues till 31st 2017 and he agreed that the payment may be made after the audit of the maintenance accounts is done.
However, after a week he refused to
show the entire books of accounts and emphasised that only the expense vouchers be checked and per Sq. Ft. Maintenance rate to be derived and paid by all the members.
Hence the members were forced directly approach the deputy registrar of co-operative for Society formation, and after considering the case the registrar even gave us order for the name reservation for the CHS and permission to open account. First step towards society registration. Now
The builder has then filed for a stay on the name reservation and stalled the Society Formation process abusing provisions of law. The joint registrar now has been dragging the case for nearly two months.
And now the lives of more than 300 families. A state of panic and fear, was created by the builder keeps verbally stating that BMC will come and cut water and electricity. The lift of our 20 storeyed complex will be shut.
The builder last month even withdrew the security services for two days. We had to approach Shri Kirit Somaiya MP , so that at least the immediate threat is removed.
We now came to know now that our builder has been using this tactics in all his projects.
The builder's legal team includes Vinod Sampat, Mr.Sangle Ex- commisioner of cooperatives Maharashtra, etc. The ex-commissioner even used his title to scare and mislead the flat owners.
Our request, is there should be more stricter rules to prevent abuse of power by builders in nexus with system.
Bonafide flat owners should not be made to run pillar to Post, lengthy legal battles to get their fundamental right.!!
We plead that our society registration is not further delayed and strict action is taken against such abusive builder's was well.
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