Amnesty scheme planned
Ramesh S Prabhu answers queries on property redevelopment and related issues raised by DNA readers
Our society has been redeveloped recently. The developer has given possession of our flats along with Possession Letter (May 2011) without having O.C. till date. Our old society has started taking maintenance charges from all members. Can builder give possession without getting O.C. for the same? If not, what should we do now? Can old societies take maintenance charges from all members–Vimal S. Jain
It is the duty of the developer or builder to get the occupation certificate as soon as the building is completed, from the Municipal Corporation of Greater Mumbai. Initially, the developer puts the plan for approva
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You can file a case against the developer in the consumer court for deficiency of services. Many district, state and national commissions have granted relief to such flat owners and societies.
The housing society is one. There is nothing as old society and new society. Society is an artificial person created by law. The members may come and go but the legal entity status is a continuous one (unless it is legally liquidated by the Registrar). On redevelopment, certain new members are enrolled for the additional flats that are constructed and sold by the developer. Once the flats are occupied, the society needs to be maintained and common services are to be provided to all the members like water, electricity, cleaning, maintenance etc. These charges are to be collected from all the existing members as well as the new ones who have purchased the flat. Even if they are not made as a member of the society, they, having purchased the flat which is being maintained by the society, have to pay the charges. The High Court has also held that such persons will be called as occupiers and the recovery of dues against such occupiers can be done under section 101 of the Maharashtra Co-operative Societies Act, 1960 by filing a case with the Deputy Registrar.
The general body of the society, consisting of old members, is required to pass the resolution to recover any amount of charges from the old members and purchasers who may be admitted as members in due course. The new members will be admitted once the society receives their application through the developer, receipt of the capital contribution, premium, entrance fees etc on account of new members.
Ramesh Prabhu is Chairman,
Maharashtra Societies Welfare
Association (MSWA). Redevelopment queries should be sent along with the full contact details on dnaproperty
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