Builder fined Rs 1L for not transferring property to society

A builder has been directed to pay Rs 1 lakh compensation for failing to transfer the property in the name of a co-operative housing society and also get the conveyance deed done in its favour.
Thane District Consumer Disputes Redressel Forum, in its order passed last week, stated that Anubhav Builders, by not following the provisions of the Maharashtra Ownership of Flats Act (MOFA) 1963, committed deficiency in services towards the society and injustice to its members.
The Jai-Shital Cooperative Housing Society in Charai area of Thane city had filed a complaint that despite repeated reminders, the builder failed to transfer the property in the society's name and also did not get the conveyance deed done.

They said for the last 15 years they were struggling to get it done but the builder ignored their request.
In his defence, the builder told the court that the complaint was time-barred and also some buildings were located on the same plot. It was difficult to do sub-division and transfer only the said plot in question, and hence the complaint be dismissed.
However, dismissing the plea, the forum observed that not only the agreement stated that the transfer be effected, but it was mandatory as per MOFA that the land should be transferred to the buyers.

It also came to light that the builder had sold part of the land to another developer, a fact which was not disclosed to the complainants.

Discussion the arguments of both the parties, forum president Umesh Jhawalikar and member N D Kadam concluded that the builder, by not transferring the property in the name of the society and getting the conveyance deed, prevented the dilapidated building from being redeveloped.
It is clear from the attitude of the builder that he has done injustice to the complainants and also prevented the development of the dilapidated building.
Hence, the forum directed him to complete the formalities within three months from the date of the order failing which he will have to pay a penalty of Rs 1,000 per day of delay till the order is complied with.

In addition to this, the forum ordered the respondent to pay a compensation of Rs 1 lakh towards the cost of complaint and other expenses within three months, failing which pay an additional Rs 2 lakhs to the society.