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RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Oberoi Woods Co-Operative Housing Society Limited – Appellant
Versus
Oberoi Reality Limited – Respondent
ORDER
Bharatkumar Pandya, Member.—Heard Mr. Anirudh Joshi, Advocate for the Complainant and Mr. Mayur Khandeparker, Advocate for OP 1 and Mr. Manoj, advocate for OP-2.
2. The complaint was originally filed on 28.07.2014 and subsequently amended twice on 27.11.2016 and 06.01.2017. As per amended complaint, the Complainant, a housing society registered under the Maharashtra Co-operative Societies Act, 1960, on 17.06.2009, is representing its members who have purchased their respective flats from the OPs. The complainant society was formed vide registration dated 17.06.2009 and took over the charge for day to day management of the affairs of the Oberoi Woods project developed by OP-1 comprising 600 units and simultaneously started corresponding with the OP-1 to execute deed of conveyance to transfer the rights, title and interest in respect of the property, as provided under MOFA vide letter dated 21.12.2009(Page 200), which was responded on 15.01.2010 by the OP-1 by citing MOFA provisions and pointing out that the lease is valid mode of conveyance and that after completing the sale of all the units and receipt of all outstanding amounts of dues from all allottees, the conveyance can
Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.
Allotment of flat – Maintenance charges could not be charged till the receipt of occupancy certificate.
Housing Board – Personalised, subjective, biased, one-sided & uncorroborated opinion about facilities cannot be relied upon in absence of substantive evidence.
Consumer complaints against builders for delays in possession must be resolved by allowing refunds without penalty or interest when construction is not completed as per agreement.
The Maharashtra Ownership Flats Act mandates conveyance to be executed by promoters; failure triggers a remedial process under Section 11, which is not subject to extensive trials.
Co-operative Society - Cooperative Society is not entitled to file a complaint under Section 12(1)(c) of the Consumer Protection Act unless the cooperative society itself is a Consumer.
Competent Authority under Section 11 MOFA must determine and grant deemed conveyance for correct subdivided area from official records, undeterred by pending civil suits on construction deviations an....
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