Consumer Connect: ‘RERA Doesn’t Have Any Provision For Unilateral Deemed Conveyance,’ Says Expert

Consumer Connect: ‘RERA Doesn’t Have Any Provision For Unilateral Deemed Conveyance,’ Says Expert

Advocate Shirish Deshpande is chairman, Mumbai Grahak Panchayat. Queries may be sent to shirish50@yahoo.com

FPJ News ServiceUpdated: Monday, June 24, 2024, 11:50 AM IST
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Consumer Connect | FPJ

Q. Our society was registered in June 2021 after the builder obtained the OC. The project was registered with MahaRERA and the agreements for sale executed between the buyers and the builder are also as per the draft prescribed by MahaRERA. However, even after three years, the builder is yet to convey the land in favour of our society.

Ramesh Prabhu, Kandivali

A. RERA provisions are clear about the builder’s obligations to form the society and execute conveyance on receipt of OC. As per Section 17, the builder is required to execute a registered conveyance in favour of the society within a specified period as per sanctioned plans as provided under local laws. However, in the absence of local laws, conveyance deed in favour of the society has to be executed within three months from the date of OC.

In Maharashtra we have local law MOFA governing this aspect. According to MOFA Section 11 read with Rule 9, the period of giving conveyance is within four months from the date of registration of the society. It is pertinent to note that Section 11 (3) of MoFA provides for unilateral deemed conveyance in case the builder fails to execute conveyance in accordance with law. However, RERA does not have a provision for unilateral deemed conveyance.

Since your agreement for sale is as per MahaRERA guidelines and the project is registered under MahaRERA, you should file a complaint with MahaRERA under Section 31, pointing out the failure of the builder to execute conveyance for such a long time and seek specific directions by the MahaRERA Authority. You can also lodge a complaint with MahaRERA under Section 61, which provides for penalty up to 5% of the total project cost. Thus under Section 31 you will get directions for execution of conveyance deed and under Section 61 you can seek penalty for the violation of law.

Q. I have filed a case before the district consumer commission against a doctor for medical negligence, which resulted in a grievous injury to my wife. I have also complained before the medical council about his professional misconduct. The doctor has now filed an application before the district commission praying that the proceedings before it be stayed pending the outcome of the decision of the medical council. How should I deal with this application? I am representing my wife without any legal assistance.

D Sadanand, Thane

A. You will note that the proceedings before the commission under the Consumer Protection Act and enquiry by the medical council against the doctor are two separate and independent proceedings and can run concurrently. The application made by the doctor appears to be only to delay the proceedings before the commission.

You should oppose his application on the ground that the two proceedings are independent, although they may be arising for the same incident. You may also point out that the consumer commissions are under statutory obligation vide Section 38 (7) of CPA, 2019, to dispose of the complaints before them as expeditiously as possible and an endeavour has to be made by them to decide complaints within three to five months from the date of receipt of the notice by the opposite party.

Advocate Shirish Deshpande is chairman, Mumbai Grahak Panchayat. Queries may be sent to shirish50@yahoo.com

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