NOTES TO THE MAHARASHTRA OWNERSHIP FLATS

8. Production and inspection of documents [Rule 13(4)(a),(b),(c),(d)]:

      The respective parties shall file the documents referred to in the pleadings at the time of filing application/ written statement, as the case may be.

      If either party satisfies the Competent Authority that any document is relevant and is in the custody of the opposite party, it may, by an order in writing, direct such party to produce such document on the next day of hearing.

      If the party so ordered, fails to produce such documents on the next day of hearing, the Competent Authority may draw adverse inference against such party and shall not postpone the hearing of the original application till filing of such documents or for the reasons of such non compliance of the order.

      The Competent Authority may allow the opposite party to take inspection of the documents within seven days from the date of order f such inspection, if it is satisfied that the documents required to be produced cannot be brought before it for sufficient reasons like its volume or otherwise.

      If the Competent Authority is satisfied that the opponent had no access to the documents earlier and the filling of additional statement.

9. Procedure for hearing the application [Rule 13 (5)(a),(b),(c)]:

      On receipt of the written statement of the opponent, the applicant shall prove the contents of the application and also deal with the contention of the defense. The opponent may likewise file reply in support of the defense on the next date, if he so desires. No cross examination shall be permitted.

      On receipt of the replies, the Competent Authority shall hear the oral arguments of the parties and after hearing shall close the proceedings for the order.

      The Competent Authority shall pass the appropriate order, as it deems fit, not later than six months from the date of receipt of the application, after making the necessary enquiry and after verifying the authenticity of the documents submitted by the parties and after hearing them and giving the parties sufficient opportunities.

10. Signing of order and notice and the official seal [Rule 13 (6)(a),(b),(c)]:

Every judgement, order, certificate and the notice issued under the MOF Act or Rules shall be signed by the Competent Authority and shall bear the official seal on it. Every judgement, order, certificate shall be provided to all the concerned parties. Records of the Competent Authority to be kept in its custody.

For ready reference, relevant Sections/ Rules of the MOF Act and Rules (including Section 10(1) & 11(1) & 11(3) of the MOF Act Rules 9 of the principal MOF Rules, which are referred to in the further amendments under the MOF(Amendment) Rules, 2010) are briefly set out below:

¯     Section 10 (1) of the MOF Act, requires the promoter to submit an application (within the prescribed period) to the Registration of a Co-operative Society or a Company, as soon as the required minimum number of persons have taken flats (subject to the promoter’s rights to dispose of the remaining flats, if any).

Provisos to Section 10(1) of the MOF Act provide that if the promoter fails to submit such registration within the prescribed time then the Competent Authority may, upon receiving an application from the flat purchasers issue directions for registration of the society, after giving the concerned promoter a reasonable opportunity of being heard. Rule 8 of the principal MOF Rules provides that such application is to be submitted within four months from the date on which the minimum number of persons required to form such organization have taken flats.

¯     Section 11(1) of the MOF Act require the promoter to convey title and execute documents for the same in accordance with the agreement under Section 4 and if no period for the execution of the conveyance is provided then within the prescribed period.

Rule 9 of the principal MOF Rules provides that if no period for conveying the title is agreed upon, then the promoter shall / (subject to his rights to dispose of the remaining flats, if any), execute (i) the conveyance within four months from the date on which co-op. society/ company is registered or association of flat takers is formed or (ii) the deed of apartment in favour of each apartment-taker within four months from the date the apartment holder has entered into possession of his apartment, as the case may be.

      Section 11(2) of the MOF Act requires the promoter to file with the Competent Authority, within the prescribed period a copy of the conveyance executed by him under Section 11(1).

      Section 11(3) of the MOF Act provides that if the promoter fails to convey title, as provided by Section 11(1) then the members of the co-op society or company or the association of apartment owners, as the case may be, may make an application in writing to the concerned Competent Authority accompanied by true copies of the registered ownership agreements and all other relevant documents (including the occupation certificate, if any) for issuing a certificate that such society/ company / association, is entitled to have an unilateral deemed conveyance, executed in their favour and to have it registered.