The document discusses legal notices that can be sent to builders regarding issues with housing societies and cooperative housing societies. It provides sample points to include in a legal notice, such as failure to comply with statutory obligations, not providing documents, and not addressing defects. It also discusses approaching consumer courts, criminal offenses that can be alleged against builders, violations of the MOFA act, and statistics on building permits in Mumbai from 2003-2011. Finally, it provides tips for strengthening legal notices and cases against builders.
Original Description:
Housing Society Matters : Must reading for you
Original Title
(24) Housing Society Matters - Volume - i - Issue No. 11 - 16.07.2014 to 31.07.2014
The document discusses legal notices that can be sent to builders regarding issues with housing societies and cooperative housing societies. It provides sample points to include in a legal notice, such as failure to comply with statutory obligations, not providing documents, and not addressing defects. It also discusses approaching consumer courts, criminal offenses that can be alleged against builders, violations of the MOFA act, and statistics on building permits in Mumbai from 2003-2011. Finally, it provides tips for strengthening legal notices and cases against builders.
The document discusses legal notices that can be sent to builders regarding issues with housing societies and cooperative housing societies. It provides sample points to include in a legal notice, such as failure to comply with statutory obligations, not providing documents, and not addressing defects. It also discusses approaching consumer courts, criminal offenses that can be alleged against builders, violations of the MOFA act, and statistics on building permits in Mumbai from 2003-2011. Finally, it provides tips for strengthening legal notices and cases against builders.
16 to 31 July - 2014 HOUSING SOCIETY MATTERS Page No. 1
MANAGING COMMITTEE MEMBERS, RESIDENTS OF CO-OP. SOC. & FRIENDS,
SPECIMEN OF THE POINTS OF THE NOTI CE TO BE SEND TO BUILDER FOR
CONVEYANCE, BUILDING COMPLETION CERTIFI CATE, GETTING THE CORPUS FUND & FUNDS FROM THE BUILDER TRANSFER OF PROPERTY CARD, GETTING AUDI TED STATEMENT OF ACCOUNTS & ORIGINAL DOCUMENTS OF TITLE TO THE PROPERTY. You may APPROACH CONSUMER COURTS AND METROPOLI TIAN MAGISTRATES COURT.
MITHIL VINOD SAMPAT LAW STUDENT 901, Sheet al nat h Tower, Shant i Sudha Park, Val l abh Baug Lane Ext . , Ghat kopar East , Mumbai 400 077. Tel . 2506 21 75 / 2506 21 76 /2506 48 51 / 2506 10 58.
POINTS OF NOTICE TO BE SEND FOR CONVEYANCE RELATED MATTERS ADDRESS NOTICE TO VARIOUS GOVERNMENT AUTHORITIES LIKE Chief Secretary
Principle Secretary, Housing, Principle Secretary, Law & Order, The Commissioner of Police,
Municipal Commissioner Bombay Municipal Corporation, Commissioner Of Police Builders & Developers,
Directors of Builders Company
Sir, Sub: Legal Notice to initiate action against the builder for purported violation of various laws of the land including a) Not executing the Agreement with the Flat purchasers in the Format as prescribed in MOFA Act. b) Not handing over copies of various Municipal plans as well as complete set of architectural and structural drawings. c) Not giving copy of the statement of accounts particularly of various amounts collected from investors at the time of resale of flats. d) Not sorting out the grievances of flat purchasers. e) Failure to comply with the statutory obligations as mentioned in the MOFA Act. f) Not depositing the various amounts collected from the Flat purchasers in a separate bank account. g) Negligence in managing the funds of the flat purchasers which are in your custody as a Trustee of the funds. h) Not taking steps to correct the defects in the construction in the Flats acquired by the flat purchasers. i) Failure to comply with the provisions of section 10(1) of MOFA Act. j) Making changes in the building plan without the consent of Flat purchasers. k) Deficiency of services and/or civil action proposed to be taken against you.
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 2 l) Criminal action proposed to be taken against you. m) Damages of Rs. _____________ for the deficiency of service and failure to comply with the statutory obligations.
(A) To initiate action against builder for alleged criminal offences of Cheating ( Sec. 415) Abetment of a thing (Sec. 107) Public Nuisance (Sec. 268) Volunteers causing hurt to extort property or to constraint to an illegal act (Sec. 327) Wrongful Restraint (Sec. 342) Extortion (Sec. 384) Putting person in fear of injury in order to commit extortion (Sec. 385) Dishonest misappropriations of property. (Sec. 403) Cheating and dishonesty including delivery of property ( Sec. 420) Mischief( Sec. 425) (B) Violations of the provisions of the Maharashtra Ownership of Flat Regulation of the Promotion of Construction, Sale, Management & Transfer Act, 1963, particularly general liability of promoter of sec. 3, Promoter before accepting advance payment or deposit to enter into Agreement and Agreement to be registered sec. 4. Promoter to maintain separate account of sums taken as advance and deposit and to be trustee there for and disburse them for purposes for which it is given sec. 5. Responsibility for payment of outgoings till property is transferred sec. 6. After plans & specifications are disclosed no alterations or additions without consent of persons who have agreed to take the flat and defects notice within three years to be rectified sec. 7 Promoter to take steps for formation of Co-operative Society or company sec. 10. Offences by promoters sec. 13.
REQUEST TO POLICE AUTHORITIES (TO REFER MATTER TO CRIME BRANCH AS HUGE FUNDS ARE INVOLVED) REQUEST TO MUNICIPAL AUTHORITIES TO BLACK LIST THE BUILDER AND HIS ARCHITECT STATISTICS WITH REGARDS TO RECEIPT OF OC, BLDG. COMPLETION CERTIFICATE YEAR NO. OF PROPOSAL RECEIVED NO. OF IOD ISSUED NO. OF CC ISSUED NO. OF OC ISSUED NO. OF BCC ISSUED % OF IOD RECD % OF CC ISSUED % OF OC ISSUED % OF BCC ISSUED 2003-04 2143 1469 1871 951 202 68.50 87.30 44.38 9.43 2004-05 1937 1355 1948 911 168 69.95 100.56 47.03 8.67 2005-06 1766 1289 1829 967 168 72.99 103.56 54.57 9.51 2006-07 1720 1195 1731 887 143 69.47 100.64 51.57 8.31 2007-08 1602 1100 771 831 120 68.66 48.12 51.87 7.49 2008-09 1398 990 1528 590 133 70.81 109.29 42.20 9.51 2009-10 860 409 789 270 44 47.55 91.74 31.39 5.11 2010-11 1418 1062 1444 545 72 74.89 101.83 38.43 5.07 2011-12 1526 972 1402 936 96 63.69 91.87 61.33 6.29 Total 14370 9841 13313 6888 1146 68.48 92.64 47.93 7.97
NUMBER OF FLATS AND THE APPROXIMATE MARKET VALUE OF THE FLATS VIOLATION OF THE TERMS AND CONDITIONS MENTIONED IN THE BROUCHURE PROBLEMS FACED BY FLAT PURCHASERS NOT GIVING AUDITED STATEMENT OF ACCOUNTS OR THE BREAKUP OF THE AMOUNTS COLLECTED TOWARDS VARIOUS HEADS. COPY OF THE PASS BOOK OF BUILDERS BANK ACCOUNT FOR THE AMOUNTS COLLECTED AND SPEND TOWARDS VARIOUS HEADS. DATE BY WHICH POSSESSION OF FLATS HAS TO BE GIVEN BY BUILDER CARPET AREA TO BE MENTIONED IN THE AGREEMENT BASIS ON WHICH COMMON AREA CHARGES HAVE BEEN LEVIED DETAILS OF OUTSTANDING PAYMENTS NOT MADE TO COMPETENT AUTHORITIES / CONTRACTORS. EXEMPTIONS AS WELL AS VIOLATIONS OF THE TERMS AND CONDITIONS UNDER ULC
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 3 MODEL AGREEMENT & MOF ACT DEFINITION OF PROMOTOR UNDER MOF ACT CHANGES IN BUILDING PLAN WITHOUT FLAT PURCHASERS CONSENT CERTIFIED TRUE COPIES OF VARIOUS DOCUMENTS STATUTORY OBLIGATION TO GIVE CERTIFIED TRUE COPIES OF VARIOUS DOCUMENTS AS MENTIONED IN MOF ACT FLAT PURCHASERS HAVE PAID FOR THE COMMON AREAS AND AMENITIES OPEN CAR PARKING SPACE / STILT CAR PARKING SPACE / OPEN TERRACE BELONGS TO THE SOCIETY NON SUBMISSION OF FORM T TO THE MUNICIPAL AUTHORITIES REASONS FOR NOT OBTAINING BUILDING COMPETION CERTIFICATE DATES ON WHICH VARIOUS PERMISSIONS ARE OBTAINED UNDER MUNICIPAL LAWS OF THE LAND NO RIGHTS IN FSI, TDR OR FUNGIBLE FSI ONCE FLAT IS SOLD FORMATION OF CO-OPERATIVE SOCIETY CONVEYANCE IN FAVOUR OF LEGAL ENTITY SIGNATURE OF FLAT PURCHASERS / LEGAL ENTITYS REPRESENTATIVES NOT REQUIRED FOR CONVEYANCE PURPOSE TRANSFER OF PROPERTY CARD IN MY CLIENTS NAME COLLECTION OF MORE THAN 20% AMOUNT WITHOUT EXECUTING A REGISTERED AGREEMENT COPY OF FORM I, II, III & IV TO BE GIVEN TO MY CLIENTS COPY OF VARIOUS PERMISSIONS / DOCUMENTS ROLE OF A BUILDER DOES NOT COME TO AN END AFTER COLLECTING MONEY ILLEGAL ACTS COMMITTED BY BUILDER JUDGMENTS THAT MAY BE RELIED UPON BY MY CLIENTS ALLEGED VIOLATIONS OF INDIAN PENAL CODE LEGAL NOTICE CALLING FOR COMPLIANCES AS WELL AS FOR DAMAGES FROM
MITHIL VINOD SAMPAT MANY TIMES DRAMATISING THE FACTS PLUS FAMILIARITY WITH THE WORKING STYLE OF BUREAUCRACY HELPS IN GETTING THE DESIRED RESULTS. IF POLICE OFFICERS ARE CONVINCED AND THEY THREATEN THE BUILDER AS REGARDS LODGING OF FIR THE DESIRED RESULTS CAN BE OBTAINED QUICKLY. AT TIMES BUILDERS HAVE EVEN OBTAINED ANTICIPATORY BAIL FOR NOT FORMING A CO OPERATIVE SOCIETY, NOT EXECUTING CONVEYANCE ETC. TIP ALSO USE SOCIAL MEDIA GROUPS TO CREATE AWARENESS AND YOU MIGHT GET UNEXPECTED DATA USING GOOGLE SEARCH THAT CAN STRENGTHEN YOUR CASE. IF YOU HAVE PROOF / APPREHENSION THAT BUILDER HAS COLLECTED AMOUNTS IN CASH THAN SUCH FACTS / APPREHENDSION MAY ALSO BE BROUGHT ON RECORD. WHENEVER YOU GO TO BUILDERS OFFICE OR TO MEET THE REPRESENTATIVE OF THE BUILDER YOU MAY MAKE IT A POINT TO RECORD (USING SPY PEN ETC) THE CONVERSATION. IF CASH AMOUNTS ARE PAID THIS COULD BE A GOOD SOURCE OF EVIDENCE. WHENEVER YOU HAVE MEETINGS WITH THE BUILDER ALWAYS WRITE DOWN THE MINUTES AND FORWARD THE SAME TO HIM FOR HIS APPROVAL
1. COMMON PROBLEMS RELATED TO CO-OPERATIVE SOCIETIES AND THE SOLUTION TO THE SAME:- ADV. DHARMIN VINOD SAMPAT Some of the common problems related to co-operative societies and the solution to the same are produced as under:- S.N. Problem Suggested Solution (A) AGAINST BUILDERS (ACT FAST BEFORE NEW ACT IS INTRODUCED. 1 Sale of open parking space by builder, sale of pocket terrace by builder, not executing a) Approach Consumer Court for deficiency of service.
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 4 the conveyance, not giving statement of accounts, not obtaining occupation certificate, not obtaining building completion certificate, not handing over original documents of title of the property, not transferring the property card in favor of the legal entity.
b) Approach the criminal court for cheating, criminal breach of trust, mischief, violations of the provisions of Sec. 11 & 13 of MOF Act. c) Lodge complaint with ULC Department as undertakings are given that conveyance will be executed within a stipulated period of time at the time of release of the plot from ULC. d) Lodge complaint with ISO authorities if the builder has got an ISO certificate. e) Lodge complaint with SEBI if the builder is going for a public issue and has not made the disclosures in the prospectus. f) Lodge complaint with BMC to black list the builder. g) Lodge complaint with police seeking permission to take out morcha by peaceful means to protest against the acts of the builder. 2 Builder not sharing the amounts received from allotment of hoardings, installation of mobile tower on the societies terrace a) Approach the consumer courts for deficiency of service. b) Request police authorities to file an FIR. c) Approach city civil court d) Approach High Court. 3 Builders developing adjacent plot and apprehension is there that the FSI/TDR of the society is being used. a) Write letters to BMC objecting to the same. b) File a suit in High Court / city civil court / consumer courts praying for an injunction restraining the builder from utilizing the FSI/TDR of the plot of land for which the society has already been formed.
(B) CO-OPERATIVE SOCIETY 1 Society not allowing visitors to park their vehicles in the building premises.
a) Approach the police authorities stating that there is violation of the provisions of Table 15 READ WITH Regulation 36 of the Development Control Rules read with Regulation 36 which stipulates that 10% (now 25%) of the parking space has to be kept vacant for the visitors. b) Lodge complaint with Bombay Municipal Corporation requesting the corporation to cancel the occupation certificate as the terms and conditions pertaining to IOD have been violated. 2 Society not allotting car parking space to members.
a) Draw the attention to the provisions of Table 15 Regulation 36 of Development Control Rules of Greater Mumbai b) Approach Consumer Forum for deficiency of service c) Approach Co-operative Court d) Approach Registrars office e) Note if you have other like minded members who are deprived of parking one each can approach different authorities. f) It will not make difference if the builder has sold car parking space to some other flat purchasers. 3 Society not carrying out repairs and leakage in flats.
a) Approach the consumer courts for deficiency of service as well as the BMC. Recently Consumer Forum Thane Ulhas Dhondpat Karkare & others v/s. Chandravadan CHS Ltd., & others in Case No. 543 of 2008 decided on 31/10/2013 was pleased to award damage to the tune of Rs. 4 Lakhs to the complainant which amount was to be paid by the society, managing committee members as well as lawyers of the co-op. soc. b) Approach Co-operative Court c) Approach Bombay Municipal Corporation d) Approach police authorities. 4 Society collecting exorbitant amounts at the time of transfer of flat, collecting exorbitant amount towards non occupancy charges. a) Approach consumer court for deficiency in service. b) Approach police station for extortion, mischief against all the members of the managing committee with a specific request to lodge a First Information Report (FIR). c) Approach metropolitan magistrates court d) Lodge complaint against auditor for Professional misconduct.
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 5 5 a) Managing Committee members not issuing Share Certificate to members. b) Society not taking action against the members of the managing committee who have misused the funds of the society. c) Society not taking action against defaulters who are managing committee members. a) Approach Consumer Forum against society b) Approach Co-operative Court c) Approach the office of the registrar to remove the managing committee members. d) If more complainants are there they can approach different authorities.
6. Society and its members employing minors a) Lodge complaint for violations of Juvenile Workers Act 1986. Bye law No. 161(C) stipulates a punishment upto one year imprisonment and/or fine upto Rs. 20,000/- b) Lodge Complaint with labour & police authorities (C) CRITICS CORNER 1. Office bearers behaving as dictators, Some members are having parties and disturbing the peace in the building. To lodge complaints with the registrar of co-operative societies, approach co-operative court or consumer forum. For certain matters contact police authorities. 2. Society not taking action against unauthorised construction Lodge complaint with Bombay Municipal Corporation for unauthorised construction. 3. Society not responding to queries as regards payment of service tax Do the correspondence with service tax department. 4. Society not maintaining fire fighting equipments.
As per section 3(1) Maharashtra Fire Prevention and Life Safety Measures Act 2006 read with rule 4(2) Maharashtra Fire Prevention and Life Safety Measures Rules every society having a building of ground plus four floors and above have to submit / arrange to submit every half yearly a certificate to the fire authorities. I would like to have a copy of the same at my cost for the last three years. Take up such matters with fire authorities. 5. Society not showing records related to various expenses being incurred by the society. Draw the attention of office bearers to the circular dated 10/3/1995 issued by co operative department. 6. Complaint against Chartered Accountant who has audited the accounts of the society.
Write to Institute of Chartered Accountants of India highlighting provisions of act, rules and bye laws. Eg. Exorbitant amount collected as donation, security not given by persons handling cash. Rule 107-B. Money collected for car parking deposit, amounts of some members waived off, legal expenses recovered from only some members+action at consumer forum. 7. Complaint against auditor on the panel of registrar.
Request the authorities to take disciplinary action against the auditor. Request the authorities to remove the name of the auditor from the panel of auditors. If it is a case of negligence approach the consumer forum for the losses caused with a prayer to recover the same from the auditor. File criminal case. In our view permission to file criminal case from government authorities is required only if the person is appointed by the government. If the employee is appointed by the head of the state then permission is not required. 8. Complaint against government officers for not giving the proper information Always keep camera spy pen with you. It is not known when it can come handy.
Approach the higher authorities. Ask for the actions initiated against him in his earlier postings. Ask the pending departmental proceedings going against him as of date. Here RTI Act can be of help to you.
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 6 (D) COURT MATTERS 1. Government officer not passing the order after the matter is kept closed for order. Our supreme court issues order giving compensation of 6 crores to NRI for medical negligence.How much compensation is awarded to our citizens?
Politely state that the judgment in the case has been reserved since a long time. Order XX Rule 1 of Code of Civil Procedure Code, 1908 fixes a model Time Limit of 30 for pronouncement of Judgment. Therefore please pronounce the judgment at an early date and do the real justice since Justice Delayed is Justice Denied (You may also ask for all orders being passed by the said quasi judicial authority). 2. No track record as to the court case. Insist on roznamas of all the dates of the hearing. 3. Reply received from advocates that court is not sitting. Tell the advocate to take up the matter with the judge who has got additional charge of the said court. 4. How to speed up court case. WE OPPOSE SPEED MONEY.
If you are a senior citizen you have a right to request the court to take up the matter for expeditious hearings in the light of the high court circular dated 3/08/2009. If a long date is given insist for a shorter date. You can approach the higher court for directions to expedite the court case if there is urgency in the matter. File Miscelleaneous Applications to get the necessary information. 5. How to protect ones interest in matters where there is possibility of litigation. ALWAYS CARRY LATEST GADGETS AND RECORD.
Use modern technology like google search and ask for help. Tell your advocate to pray for ad interim injunction. Tell the court for the appointment of court commissioner. (E) RIGHT TO INFORMATION 1 Inspite of writing no action is being initiated by government officers. Make an application under the Right to Information Act to the public information officer. 2 Evasive replies are given by the public information officer 4578 illegal cell towers in Mumbai. Action taken big zero. If a common man breaks the law will the BMC be lenient. What was our sleeping giant doing when such towers were installed. Why are criminal cases not being filed by BMC suo motto.
File an appeal. You may also file another application with the public information officer asking for information which may include copies of all the registers being maintained by the office, when the said registers are being updated, details of the registers which are incomplete, number of files in the office which are misplaced, not traceable, number of letters received per month by the office, details of the number of matters disposed of within one week, inspection of the files with specific reference to the files of the matters disposed of within one week. If you have asked for documents like certified true copy you can also approach the consumer forum as you are a consumer. To put pressure you can tell your relative at say Gujarat to file a complaint from Gujarat in Gujarati. Section 11( c ) of the consumer protection act stipulates that a case can be registered where the cause of action wholly or in part arises. (Samajnewale ko ishara kafi hai). Ask for inspection and reply given to RTI queries in the last six months. 3 Society not getting copy of building plan Write to the Bombay Municipal authorities asking for the necessary information using the Right to Information act. Also approach consumer forum for deficiency of services. (F) POLICE RELATED MATTERS 1 Police not taking steps to lodge an FIR in case of a cognisable offence Approach the magistrate u/s. 156(3) of Criminal Procedure Code to direct the police officers to register an FIR. (G) HOW TO DRAFT COMPLAINT LETTERS
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 7 Letter to Society/ Government authorities.
Do you agree that it is a matter of shame for the residents of Mumbai that the driver of the Bombay Municipal Commissioner is getting more salary than our Municipal Comissioner. No wonder our Ex CM VIlasrao Deshmukh called standing committee of BMC as an understanding committee for the betterment of the Corporation. Address to society, managing committee members and various government authorities. Follow up with email to various government authorities. Take up the matter on Lokshahi Din. Just do not stick to one subject. Highlight all the wrong things done in the society. Dramatise the facts Eg. Say that the collective value of the property is approx.. Rs. 50 crores. If it is government department like BMS say that the yearly budget is Rs. 2,800 crores and the same is not properly utilized. Ask for information which will result in time being spent by the opposite party which information may not be very important for you. Highlight instances of corruption, inefficiency pointed out by government authorities eg. Anti corruption bureau, comptroller and auditor genral. Request the government authorities to download the orders as is stipulated in Right to Information act. It is common knowledge that authorities do not do all their jobs as per provisions of all in all cases, Follow up with Right to Information application if the matter pertains to government department. LASTLY reserve your right to take action as per due process of law. (H) ACTION AGAINST AUDITORS (CA= COMPLETE ARRAM {HA HA HA}) FORM I [See sub-rule (1) of Rule 3] 1 Name of Complainant (with Membership number if Member of Institute of Chartered Accountants of India)
2 Name of member / firm against whom complaint is being made: With membership number/ registration number of the firm, if known)
3 Last address of the complainant for communication 4 Last available professional address of the member or firm against whom the complaint is made
5 Particulars of allegation serially numbered together with corresponding clause / part of the relevant schedule(s) or Particulars of allegation(s) serially numbered together with clause/ part of relevant schedule(s) under which alleged acts of commissions or omissions or both would fall
6 Particulars of evidence (s)adduced in support of the allegation(s) made 7 Name(s ) of person who have knowledge of the facts of the case Date: Place: Mumbai Signature of Complainant VERIFICATION I ___________________, the complainant, do hereby declare to that what is stated above is true to the best of my information and belief. Verified today the ____ day of __________ at Mumbai Date Place Signature of Complainant
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 8 FAQ ON 50C OF INCOME TAX ACT CA. Vimal Punmiya Adv. Vinod Sampat Ques. How does Section 50C have an impact on the Seller when transaction is for Rs. 2 crores but valuation as per ready reckoner is Rs. 2.5 crores.? What is the importance of Stamp Duty Ready Reckoner on the seller? What are the alternatives available to the seller if the market value of the property as per the Stamp authorities is much higher than the value at which the transaction has taken place?
Ans. Sale consideration is Rs.2,00,00,000/- which is less than stamp valuation of Rs.2,50,00,000/-. Thus, as the stamp value is higher than actual consideration, therefore as per section 50C(1) for the purpose of capital gain calculation sale consideration will deemed to be Rs. 2,50,00,000/-.
But stamp valuation authority calculate stamp value of property on general rate of area and not as per individual property. However, the property fetch fair market value as per his merits and demerits. Therefore, property can fetch higher or lower value from the general value of area decided by the stamp valuation authority for the purpose of stamp duty. Therefore, in those cases where actual fair market value of property is less than the general rate of property as per stamp duty authority tax payer face hardship in form of additional tax liability just because of provision of section 50C. Therefore to avoid such hardship a right is given to assessee under section 50C(2). That if they feel that value adopted by the stamp authority is higher than value of property, then assessee can claim before assessing officer that value adopted by the stamp authority is higher than fair market value of property. In that situation Assessing officer will refer the matter to Department Valuation Officer.
Reliance is placed on issue that stamp duty value cannot be sale consideration: New Kalindi Kamavati Co-op Housing Society Limited Vs. State of Gujarat and Ors (2006) The valuation adopted by the Stamp authorities cannot be considered conclusive. The Court while observing that : Sole reliance was placed on jantri by Dy. Collector for determination of market value for stamp duty held that jantri; i.e., market valuation record book maintained by the Stamp Valuation authorities reflects probable market value and the same was not a conclusive evidence. In that situation value determined by the Department Valuation Officer or Stamp Duty Valuation whichever is lower will be taken as Sale consideration for the purpose of Capital Gain.
In present case Stamp value of property is Rs. 2,50,00,000/- against the sale consideration of Rs. 2,00,00,000/-. As the stamp value is higher than actual sale consideration, therefore, the assesse can object the stamp duty valuation before the assessing officer.
Q. What is the difference between a probate and a succession Certificate ? Ans. A probate is issued by the Court when a person dies having made a Will an executor applies to the court for grant of probate. A succession Certificate is issued to the legal heirs as per applicable laws of inheritance who apply to the Court in case a person has not made a will.
LINE OF ACTION IF YOUR HOUSING SOCIETY DOES NOT GIVE YOU DOCUMENTS, J B Patel & Mithil Sampat Quite often, the managing committee of your co-operative housing society refuses to give you crucial documents or information. This happens when you have a dispute with the society. How to get those documents? I recommend four steps: 1) Make Application to the society under Maharashtra Cooperative Societies Act a) 32(1) of MCS ACT says that registered member of the society can inspect the required information, with prior permission, in the society's office during office hours. b) 32(2) of MCS ACT says that the member can make an application in writing to Chairman / Secretary for obtaining information about the society's affairs. Your society is bound to give
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 9 you the required information within 30 days of the application on payment of legitimate charges prescribed in the bye-law -- Rs. 5/- per page. So, make an application to your society and endorse a copy to the Deputy Registrar of Cooperative Societies in your ward office. Please use polite language, and avoid accusations, references to previous incidents. Don't use harsh words like corrupt, arbitrary, misbehavior etc. Please write in a neutral and official tone. You may also quote the relevant circulars as well as high court judgments. 2) File Complaint against the society under MCS Act a) If the managing committee refuses to give information in response to your applications and/or Dy Registrar's notices, they are committing breach of law and willful neglect of law. The members of the managing committee are "jointly and severally responsible for acts and omissions detrimental to the interests of the society". If they do not give you information even 30 days after the above-mentioned application, you may appeal to the Dy Registrar to impose penalties and punishments on the managing committee under Section 146(j) and section 147 of the MCS Act. b) Under Section 89 A of the MCS Act, you can petition the registrar to "Inspect" the affairs of the society, specifically for violations of Section 73. For maximum effect, file separate complaints with various offices:
3) File RTI Application to Deputy Registrar Cooperative Housing Societies are not directly under Right to Information Act 2005 (RTI Act). But they are indirectly covered, through the office of Dy Registrar, as per section 2 (f), which entitles you to "information relating to any private body which can be accessed by a public authority under any other law for the time being in force". This is an indirect way of obtaining information from a society. Make an RTI application to Dy Registrar of the ward in the format prescribed under Maharashtra RTI Rules "Annexure A" with Rs 10/- court fee stamp or Indian Postal Order. The Dy Registrar has to provide the said information, after getting it from your Society, using his powers u/s 77 & 78 of the MCS Act (to which RTI Sec 2(f) refers as "any other law for the time being in force.") Quite often, in response to the RTI application, the Registrar or Deputy Registrar will issue notices to the managing committee, threatening stern action if they do not provide information. Copy of this notice will be endorsed to you. Sometimes, this notice will have the desired effect, and you will get the information.
But if the desired information is not provided within 30 days, you can invoke two legal mechanisms by filing a complaint with the Dy Registrar, say on the 35th day after the order. You invoke the mechanism of First Appellate Authority under RTI Act Sec 19(1).
4) If all the above remedies fail, approach Consumer Complaint As a consumer of services provided by a co-operative housing society, you are covered by the Consumer Protection Act in matters concerning the "business" of the society. Failure to give you necessary documents is a "deficiency in service", and so you may approach the Consumer Court and pray for reliefs i.e. copies of documents, and compensation for difficulties suffered by you. RTI FILED FROM BANDRA by MITHIL VINOD SAMPAT. INFORMATION ASKED FROM OFFICERS AT BOMBAY & POONA. SUMMONS WERE ISSUED TO OFFICERS AT BOMBAY & POONA. CAN THE SAME LOGIC BE EXTENDED FOR OTHER PLACES OF MAHARASHTRA? {SAMAJ GAYE?) ADDRESS LETTERS TO VARIOUS GOVERNMENT AUTHORITIES ALSO EMPHASISE THE QUANTUM OF FUNDS / BUDGET OF THE SAID DEPARTMENT CONTRIBUTED BY TAX PAYERS. LOKSHAHI DIN IS ONE OF THE BEST DAYS FOR YOU TO VENTILATE YOUR COMPLAINT IF JR. OFFICERS HAVE NOT ACTED ON THE COMPLAINTS. IF YOU KNOW THE WEAK POINT OF YOUR OPPONENT THERE IS A POSSIBILITY OF GETTING THINGS DONE TO YOUR SATISFACTION. EG. COPY OF BUILDING PLAN WILL HELP YOU IF YOUR FIGHT IS AGAINST THE CO OPERATIVE SOCIETY.
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 10 You can proceed with litigation in Consumer Court. Don't engage an expensive lawyer. If you have time and knowledge, appear as party-in-person and argue your own case. This will be an economical and effective solution, and also a learning experience for you. Consumer Court is not a forum for resolving disputes. Therefore, don't mention personal disputes. Your complaint must highlight various deficiencies of service, and negligence in rendering service, with documentary proofs for each allegation. Build up such documentation beforehand. Your case will be strong only if you establish that you wrote various letters, applications etc. requesting the managing committee by all lawful means to render you the legitimate services. Your Case must be about the "business" of Cooperative Housing Societies. The scope of a Housing Society's business is determined by the MCS Act, Rules and the registered bye-laws. It broadly covers membership & share transfer, maintenance & service charges, issues relating to proper conduct of general body and managing committee meeting, accounts & audit parameters, proper maintenance of building, providing a good living environment for all members, proper management and caution towards society funds such as repair funds and sinking funds, due diligence in case of engaging various contractors e.g. lift maintenance, civil works, repairs, and also building redevelopers, project management consultants, etc. As you are paying money towards monthly maintenance dues, sinking fund, repair fund, etc, you are a consumer who is aggrieved by the managing committee's negligence in rendering services or deficiency in services rendered. CP Act is NOT concerned about the other laws. It is applicable "notwithstanding anything in any other laws", which includes the MCS Act (section 164 or whatever). It is "over and above" all the laws of the country as long as the law is appropriately invoked by a Consumer within the limitation of time i.e. within 24 months from the date of grievance arising. CP Act is termed as an "ADDITIONAL REMEDY" and not "Alternative Remedy". You may file for your grievances in the Co-operative Court as well as Consumer Court, and the orders of both will have to be honoured independently. Only the aggrieved party has the right to file case in the Consumer Court. As against this, subject to certain parameters, a third party may petition the Deputy Registrar / Cooperative court, to initiate suo moto proceedings for violations of the MCS Act. Case is against the Housing Society, and not against individuals. In both Consumer Court and Cooperative Court, complaints and cases may be filed against the CHS. You cannot target individual managing committee members, as you would do in criminal proceedings. You may simultaneously file FIR or Private Complaint with Magistrate against Individual member of the Managing Committee. Even if you have initiated proceedings in Cooperative Court and Consumer court, you may also initiate proceedings in Criminal Courts, if you have documentary evidence of nefarious activities such as misappropriation of funds, forgery of society records, duplicate share certificates, letting out the society property for mobile towers, advertisement hoardings etc. without the written consent of 75% members, rigged and manipulated elections, forged and back- dated M-20 Indemnity Bonds, refusal to transfer membership based on caste, creed, religion, assaulting members. This can be done without any permission / sanction from the Registrar of Co-operative Housing Societies, because it is against individuals, and not against the society. 24X7 PROBLEM OF CAR PARKING
If you are deprived of car parking than you have every right to approach consumer forum or co operative court. Just because someone has paid money to builder for (open/stilt/basement) car parking that does not mean you cannot get car parking. The remedy of such purchaser is against the builder and not the co operative society.
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 11 FAQ SLUM REHABILITATION AUTHORITY ADV. RAYMOND SAMUEL & ADV. DHARMIN VINOD SAMPAT Q.1. Define Slum area under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. Slum area means any area declared as such by the Competent Authority under sub section (1) of section 4 and includes any area deemed to be a Slum area under Section 4A.
Q.2. Define Slum Clearance ? Ans. Slum Clearance means the clearance of any slum area by the demolition and removal of building there-from;
Q.3. Define Appellate Authority under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. Appellate Authority means the Appellate Authority appointed by the State Government under Section 35.
Q.4. Define Collector under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. Collector means the Collector of a district and includes an Additional Collector or any officer appointed by the State Government to perform the functions of a Collector under this Act.
Q.5. Define Chief Executive Officer under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. Chief Executive Officer means a Chief Executive Officer of the Slum Rehabilitation Authority appointed under sub section (2) of section 3A;
Q.6. What is Annexure-I ? Ans. Annexure-1-lays down the format for submitting the Scheme as per modified scheme.
Q.7.What is Annexure-II ? Ans. Annexure-II provides for a certificate in respect of the persons residing in a Slum within the purview of the said policy decision.
Q.8.What is Annexure-III ? Ans. Annexure-III provides for the details required to be furnished to assess the financial capability of the Developer to execute the SRA Scheme.
SR. NO. NAME OF THE BOOK AMOUNT (RS.) 1 2014 CO-OPERATIVE SOCIETIES READY RECKONER (AUGUST 2014) 750 2 2014 ANSWERS TO YOUR QUESTIONS ON CHS (ENG) (AUGUST 2014) 150 3 2014 ANSWERS TO YOUR QUESTIONS ON CHS (GUJ) (AUGUST 2014) 350 4 2014 ANSWERS TO YOUR QUESTIONS ON CHS (HINDI) (AUGUST 2014) 150 5 2014 ANSWERS TO YOUR QUESTIONS ON CHS (MARATHI) (AUGUST 2014) 200 6 2014 CONVEYANCE FOR CO-OPERATIVE SOCIETIES (AUGUST 2014) 250 7 2014 CO-OPERATIVE SOCIETIES & CRIMINAL LAW (AUGUST 2014) 250 8 2014 CO-OPERATIVE SOCIETIES GUIDE (AUGUST 2014) 250 9 2014 SERVICE TAX & CO-OPERATIVE SOCIETIES (SEPTEMBER 2014) 200 10 2014 SPECIMEN RESOLUTIONS, TRANSFER OF FLAT & PRACTICAL SUGGESTIONS (AUGUST 2014) 200 11 2014 SPECIMEN PETITIONS IN CO-OPERATIVE COURTS (AUGUST 2014) 400 12 2014 STAMP DUTY READY RECKONER NAVI MUMBAI 350 13 2014 STAMP DUTY READY RECKONER MUMBAI 450
THE MOST DANGEROUS ALPHABET AMONGST A Z IS I WHICH TO A CERTAIN EXTENT STANDS FOR A PERSONS EGO.
16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 12 We can offer my services for work related to RETAINERSHIP OF CO-OP. SOCIETIES RECOVERY OF DUES
SOCIETY FORMATION
REGISTRATION OF AGREEMENT
INITIATING ACTION AGAINST BUILDER DOCUMENTATION LIKE TRANSFER OF FLAT PROPERTY CARD IN SOCIETIES NAME
LIASONING & DOCUMENTATION OF CIDCO, MIDC LIASONING AT MANTRALAYA, CHARITY COMMISSIONER OFFICE, MHADA, SRA, BMC MHADA TRANSFER SERVICE TAX VAT RETAINERSHIP FOR BUILDERS / ESTATE AGENTS / CHS DOCUMENTATION REDEVELOPMENT OF BUILDING DRAFTING WORK LIKE PARTNERSHIP AGREEMENT CONVEYANCE IN FAVOUR OF SOCIETY STATUTORY REGISTERS MINUTE WRITING OF MC / GENERAL BODY STAMP DUTY ADJUDICATION
Contact: Mithil Vinod Sampat (Law Student) A-901, Sheetalnath Tower, Sudha Park, Shanti Sudha Lane, Near Eastern Express Highway, Ghatkopar (E), Mumbai 400 077. Tel. 3240 21 55 DOCUMENTATION WILL NORMALLY NOT TAKE MORE THAN THREE HOURS PROVIDED ALL THE NECESSARY INFORMATION IS MADE AVAILABLE TO US.
The time taken normally by me (after receipt of all the information) for drafting different types of documents is as under. Transfer Set (Two Hours) Registration of Agreement (One Hour) Transmission Set (Two Hours) Notice for Initiating action against Builder in Consumer Court (One Hour) Recovery Application (Two Hours) Leave & License Agreement (One Hour) Membership Appeal (Two Hours) Will (One Hour) Advertisement. Reasonable care has been taken about the correctness of the information. If there are any errors of any nature whatsoever, then myself as well as the persons directly and / or indirectly associated with the circular in any matters whatsoever, are not responsible for the same.
YEARLY SUBSCRI PTI ON OF HOUSI NG SOCI ETY MATTER Rs. 1,000/- CHEQUE FAVORI NG SMT. HEENA VI NOD SAMPAT MAY BE SENT. WE WELCOME CONSTRUCTIVE SUGGESTIONS. hsg.soc.sampat@gmail.com
RNI No.: REG NO.: 125225/ 2012 Posted at Patrika Channel Sorting Office. REG No.: MH/MR/NORTH EAST/282/2012-14 Mumbai 400 001 on 2 nd & 16 th of Every Month Published on 2 nd & 16 th of every month. To, The Hon. Secretary / Chairman,