In a first of its kind action against the powerful and influential builder lobby in the twin-city, the Mira Bhayandar-Vasai Virar (MBVV) police have booked a local developer for not only delaying possession of flats but also failing to convey (transfer) land in the name of the housing society within the stipulated time frame. However, no arrests have been made so far in the case.
The action followed in response to a complaint filed by a 51-year-old insurance agent-Manoj Kumar Yadav who booked an under-construction flat in the Shri Laxmi Enclave building located on Uttan Road in Bhayandar in 2011.
The builder, identified as Ramesh Cheddha had accepted payments with a promise of handing over possession in 2013. However, the possession was delayed by nearly five years. Supported by documentary evidence, the complainant in his statement to the police alleged that despite forming the co-operative housing society, the developer was reluctant in handing over conveyance-- a deed that conveys a property title of ownership from the original owner to the ultimate buyer.
After verification, the police registered an offence under the relevant sections of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 against the builder.
As builders were not executing conveyance, the state government in an attempt to safeguard the interests of flat owners had amended the MOFA to make provision for deemed conveyance in favour of cooperative housing societies.
However, more than 90 percent of housing and commercial societies in the twin-city are still registered under the names of the developers or landlords, which is bound to deprive the actual flat owners of benefits of future development.
It has come to light that hundreds of deemed conveyance proposals are biting dust due to complicated documentation needs and the involvement of money-fleecing middlemen.
