Ref: TOI Dt:27/06/2010
In a landmark judgment, a district consumer Disputes redressal forum has sentenced a developer to two years’ jail for not executing the conveyance deed in favour of a Malad society despite directives by the National Consumer Disputes Redressal Commission.
On June 23, the South Mumbai District Consumer Disputes Redressal Forum—comprising president S B Dhumal and member S S Patil—held developer Bimal Gariba guilty and sentenced him to imprisonment, besides imposing a fine of Rs 10,000.
Advocate Kiran U Patil, who represented the society, said, “This is probably the first time in Mumbai that a developer has been sent to jail for not executing the conveyance deed. The developer had even refused to sign on the draft of the conveyance deed, which he had made himself.’’
Observing that the developer had not complied with the directive time and again, the court noted, “Gariba had deliberately avoided executing the deed of conveyance as directed by the National Commission. The accused has (also) avoided complying with the aforesaid order.’’
The developer’s advocate, Anant Patwardhan, did not respond to calls and SMSes.
In 2006, Malad Dipti Apartments Cooperative Housing Society Ltd moved the consumer forum against Gariba Construction Co Ltd after it failed to execute the conveyance deed despite the developer having received payment from the members toward formation society in 1985. The society had also urged that directive be issued to the developer to obtain occupation certificate (OC) from the BMC.
In July 2007, the forum asked the developer to execute the conveyance deed and obtain the OC. In April 2008, the developer preferred an appeal before the state consumer disputes redressal commission against the district forum’s order. In June 2008, the state commission dismissed the appeal.
The developer preferred an appeal in the National Consumer Disputes Redressal Commission, which refused to grant the stay. In August 2009, the commission asked Gariba to execute conveyance deed and secure OC, but allowed him to file a review petition, which was dismissed by the state commission.
On June 23, the South Mumbai District Consumer Disputes Redressal Forum—comprising president S B Dhumal and member S S Patil—held developer Bimal Gariba guilty and sentenced him to imprisonment, besides imposing a fine of Rs 10,000.
Advocate Kiran U Patil, who represented the society, said, “This is probably the first time in Mumbai that a developer has been sent to jail for not executing the conveyance deed. The developer had even refused to sign on the draft of the conveyance deed, which he had made himself.’’
Observing that the developer had not complied with the directive time and again, the court noted, “Gariba had deliberately avoided executing the deed of conveyance as directed by the National Commission. The accused has (also) avoided complying with the aforesaid order.’’
The developer’s advocate, Anant Patwardhan, did not respond to calls and SMSes.
In 2006, Malad Dipti Apartments Cooperative Housing Society Ltd moved the consumer forum against Gariba Construction Co Ltd after it failed to execute the conveyance deed despite the developer having received payment from the members toward formation society in 1985. The society had also urged that directive be issued to the developer to obtain occupation certificate (OC) from the BMC.
In July 2007, the forum asked the developer to execute the conveyance deed and obtain the OC. In April 2008, the developer preferred an appeal before the state consumer disputes redressal commission against the district forum’s order. In June 2008, the state commission dismissed the appeal.
The developer preferred an appeal in the National Consumer Disputes Redressal Commission, which refused to grant the stay. In August 2009, the commission asked Gariba to execute conveyance deed and secure OC, but allowed him to file a review petition, which was dismissed by the state commission.
According To Sr.Adv. G.V. Nayak and Adv. Madhuri Gaikwad (Legal Team Of LandguruZ),
As per section 13 of Maharashtra Ownership Flats Act, 1963, not giving the conveyance is an offence and the builder can be imprisoned for 3 years or fined or both.
As per section 13 of Maharashtra Ownership Flats Act, 1963, not giving the conveyance is an offence and the builder can be imprisoned for 3 years or fined or both.
According to Rule 9 of the Maharashtra Ownership Flat Act, it is mandatory to take necessary steps to execute the conveyance within a period of four months of registration of the Society or limited company.
Section 11 of the Maharashtra Ownership Flats Act, 1963 states, that promoters should convey the right title, interest, etc. and execute documents according to agreements.
Following are some of the remedies to get the conveyance of land building in favour of the society :
1) If the builder does not co-operate in executing the conveyance in favour of the society , the Society can file a Civil Suit under the Specific Relief Act 1963 in order to get the conveyance executed. The society can file a case in the Consumer Court or in the Civil Court and obtain ex-party decree in favour of the Society. The same decree can be registered with Sub-register as conveyance and the property card can be changed in the name of the society thereafter
2) To file criminal case as per section 13 of MOFA Act 1963.
3) To file case for defective service under consumer protection Act, 1986.
4) To file an application before competent Authority—District Deputy Register of Co- operative of Societies
Thanks for sharing that news. Next time always aware on the fraud act of other conveyance company.
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