Builder to refund society members 13L for lapses

Mumbai:The state consumer commission ordered a builder to refund Rs 13 lakh collected from the residents of a Vile Parle building towards society formation, maintenance and other charges after it failed to fulfil the statutory obligations. The complaint was filed by 12 members of Heritage View Cooperative Housing Society Ltd. 

    The developer, Kiran and Harsukhlal Hemani, will have to refund Rs 7.8 lakh collected as outgoing charges, Rs 4.71 lakh will have to be paid on account of maintenance charges against the unsold flats. A further Rs 63,120 will have to be refunded towards society formation charges. The builder will have to pay Rs 50,000 as compensation. Additionally, the builder will also have to obtain the occupation certificate and execute conveyance deed by transferring the title, rights and interest in the land and building in favour of the society within four months. 
    The Maharashtra Consumer Disputes Redressal Commission passed the order ex parte, after the builder failed to submit a written version of its argument before it.
    It is alleged that the builder failed to provide office premises for the society, cabin for the security staff, proper water connection and had not taken the steps for forming the co-operative housing society, in addition to failure to execute conveyance deed and handover the entire open space in the compound of the society etc. 
    Having failed at all the attempts to get redressal for their grievances, they obtained information under the Right to Information Act from the SRA to find out whether the builders have complied with all the legal requirements to issue the occupancy certificate. However, the SRA replied stating that occupancy certificate was not issued as the builders had not filed certain important documents. 
    The commission said the builders’ failure to get occupancy certificate and execute conveyance deed was a deliberate act and amounts to perpetual negligence to discharge statutory obligation.