We are a newly built complex under Thane Municipality Jurisdiction. The Complex is more than 2 years old (3 buildings of 2 wing / 8 floor each + One 20 Floor Tower). Now builder is asking us to get the society registered. But none of the buildings are having Completion Certificate and Occupancy Certificate.
Builder is promising that O.C. will be available soon, but let the society formation been done.
But we came to know that still he has not got the Completion certificate for any of the buildings. So how will he get O.C. soon?
In this scenario will the registration of society is advantageous or is of disadvantage.
I C Naik
“The crucial statement is this: “Now builder is asking us to get the society registered.”
You must be seeing more and more cases adjudicated by Consumer District Forum against the Builder and in favour of flat purchasers. The Builders have been enjoying immunity from prosecution for their failures to perform various contractual and statutory duties for which they can go to jail. Of late this immunity has come under clout thanks not to State but the flat buyers who have started gathering courage to dare erring builders. The level of education with in flat-buyers is also slowly going up. Read More….
For example the above statement itself stems from the ignorance of Provisions of the MOFA 1963 [ Maharashtra Ownership Of Flats (Regulation Of The Promotion Of Construction, Sale, Management And Transfer) Act, 1963] Section 10 of this Act read with Rule 8 of MOFA Rules1964 requires that the builder/developer, shall within four months from the date on which the minimum number of persons required to form such organisation have taken flats, (10 in case of housing society), shall submit an application to the Registrar for registration of the organization of persons who take the flats as a co operative society. Section 13 of the MOFA 1963 prescribes imprisonment of 3 years for non-performance of duty prescribed under Section10. For that flat purchasers have to file a suit against the builder. They can also approach the District Consumer Forum against the builder because non-registration of the Society amounts to deficiency in service. Your housing complex appears to be large enough to hire a lawyer to proceed against the builder. Missing CC and OC can also be clubbed as deficiency in service.
For appreciating the importance of CC OC etc read Article
Occupancy Certificate, Possession Certificate & Completion Certificate – Meaning & Importance Read on this….