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16 to 30- November - 2013 HOUSING SOCIETY MATTERS Page No. 1
Posted at Patrika Channel Sorting Office,
Mumbai – 400 001 on 2
nd
& 16
th
of Every Month
MANAGING COMMITTEE MEMBERS, RESIDENTS OF CO-OP. SOC. & FRIENDS,
The gist of a story is Ravan got a place in heaven. Many well wishers of God Rama were inquiring
why is it that Ravan got a place in the God’s territory inspite of doing so many wrong things? God
replied that he used to remember me often be it with love or hate. Same is the state with critics.
We may not be supporting the critic but like a Ravan he enjoys at least for some time power and
status. The reason for the same is critic like a batsman can hit the ball ( wrong / improper things
being supported by Managing Committee members) in any direction. Here we are highlighting the
common problems faced in co-operative societies. The office bearers of the society at times
willingly or unwillingly cannot take action against the wrong doers.
1. COMMON PROBLEMS RELATED TO CO-OPERATIVE SOCIETIES AND THE
SOLUTION TO THE SAME:- ADV. 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 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.
a) Approach Consumer Court for deficiency of
service.
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.
Taj Mahal would not have looked
so beautiful and everlasting if
Emperor Shah Jahan had called
for quotations and awarded the
contract as per the lowest tender.
WE CANNOT SPELL SUCCESS WITHOUT ‘U’.
EDITOR : HEENA VINOD SAMPAT
VOLUME -I, ISSUE NO. 3 MUMBAI - 16 to 30-November - 2013 Price Rs. 5/-
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 2
(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 Registrar’s 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.
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
If you wish to advertise in our magazine Housing Society Matters (print order of this
issue is 20,000 copies) or for advertisments in the books
(1) Stamp Duty Ready Reckoner for Bombay 2014.
(2) Stamp Duty Ready Reckoner for Navi Mumbai 2014.
(3) Co-operative Societies Ready Reckoner 2014, (800+ pages).
(4) Answers to your Questions on Co-operative Socieites 2014 in English.
(5) Answers to your Questions on Co-operative Socieites 2014 in Hindi.
(6) Answers to your Questions on Co-operative Socieites 2014 in Gujarati.
(7) Answers to your Questions on Co-operative Socieites 2014 in Marathi.
(8) Co-operative Guide 2014.
(9) Redevelopment of Co-operative Societies 2014.
(10) Service Tax & Co-operative Societies 2014.
(11) Co-operative Societies & Criminal Law 2014.
(12) Conveyance for Co-operatve Societies 2014.
(13) Specimen Petitions in Co-operative Courts 2014.
(14) Slum Rehabilitation Authority Ready Reckoner 2014
Please Contact on 93240 68 689. Or on Email Id: hsg.soc.sampat@gmail.com
(We may add that materials authored by us may be referred for a long time by societies and other
persons intimately connected with co-operative societies).
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 3
ALWAYS BE AFRAID OF THE RETIRED PERSON WHO HAS THE
WEALTH OF TIME AT HIS DISPOSAL. CHARTERED ACCOUNTANTS
COULD BE A SOFT TARGET FOR PROFESSIONAL MISCONDUCT.
(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.
•
•
•
In a random survey of 1397 buildings in suburbs by fire brigade officials it was found that 1216
buildings had violated safety norms. Inspite of being warned only 70 buildings filed compliance
report. Similarly of the 2346 buildings inspected in island city 605 buildings were issued notices
and only 4 buildings complied with the directions of the fire brigade officials.
As per one survey Mumbais unsold stock is 150.63 million sq. feet. In the second quarter of
2013-14 10.77 million sq. feet was offered for sale. Of the stock only 7.85 million was sold for a
price of Rs. 8, 346 crores. If projections are to be believed it will take 58 months to clear the
unsold stock. I leave it for my readers to guess the additional construction that will be put up in
the said period.
After the war, Hanuman submitted his Travel Allowance Bill for his official tour for collecting
Sanjeevani Booti to Ayodhya administration.
The Auditor in Bill section raised 3 objections:
(1) Hanuman did not take prior permission of the appropriate authority (Bharat), the King of
Ayodhya, during the relevant time for his travel. (2) Hanuman being Grade-D officer was not
entitled to air travel. (3) Hanuman was asked to bring Sanjeevani Booti, just a single plant, but he
carried a whole mountain (unauthorized excess baggage).
The Auditor returned the bill. King Rama could do nothing except mark it down for re-
examination.
A worried Laxman approached the Auditor and offered a bribe of 10% of the T.A. Bill amount.
The Auditor now wrote on the Bill:
Re-examined. 1. Even during the relevant time, Rama was the de-jure king through his Paduka.
2. Further in an emergency, non-entitled officers can be authorized ex-post facto to fly. 3. Also
excess baggage is justified as bringing a wrong plant would have entailed multiple journeys with
extra cost; hence bill may be paid.
Moral: Boss is the king...He will do anything & go beyond bounds if the employee is his favourite.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 4
SOME USEFULL EMAIL ID FOR COMPLAINANTS:-
chiefminister@maharashtra.gov.in DeputyChiefMinister@maharashtra.gov.in
chiefsecretary@maharashtra.gov.in Follow up on Lokshahi Din
Collector Mumbai city
Tel.: 2266 12 31
Email : mahbom@nic.in
Mumbai Suburbs
Tel.: 2651 47 42 Fax: 2655 68 05
Email : collrmsd@yahoo.com
STAMP DUTY HELPLINE :
022-2263 45 67
PRINCIPLE SECRETARY :
022-2285 59 20
IGR OFFICE : 9520-2605 24 32
www.mumbaipolice.org
You should check the date and time when
DCP visits your area and do follow up of the
complaint with DCP
BMC-
Lodge the complaint by accessing BMC
web site www. mcgm.gov.in; or
on HELPLINE 1916
Commissioner for Co-operation &
Registration of Co-operative Societies:
9520-26122500 / 9520-26122739
Email : commcoop@rediffmail.com
(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.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 5
(F) POLICE RELATED MATTERS
1 Police not taking steps to lodge an FIR
in case of a cognisable offence
Approach the magistrate u/s. 154 of Criminal
Procedure Code to direct the police officers to register
an FIR.
(G) HOW TO DRAFT COMPLAINT LETTERS
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
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 knowledged 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
• Mumbai Municipal Corporation is strict as regards recovery of property tax from co-operative
societies however when it comes to recovery of property tax as well as water charges from
railways double standars are employed. I am told property tax and water charges are not
recovered since more than 15 years.
• Co-operative societies are advised that they should pay the non agricultural tax before the
stipulated date. Failure to do so can invite penalty 40 times than the tax amount.
• Nominee does not necessarily become the owner of the flat.
• Close relative not defined under Maharashtra Stamp Act.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 6
2. PURCHASE OF PROPERTY ADV. DHARMIN VINOD SAMPAT
• CHECK THE TYPE OF PROPERTY
FREEHOLD LEASEHOLD
ADVANTAGES DISADVANTAGE ADVANTAGES DISADVANTAGE
Peace of mind Costly Cheaper Yearly lease rent to be paid
No recurring expenses Check the lease period. After lease
period property may not be renewed
No difficulties at the
time of redevelopment
Possibility of litigation eg. Bombay port
trust property lease renewed only for
five years at exorbitant rates.
Problems may arise at the time of
redevelopment.
• Take search
• Issue Public Notice
• Read original agreement drafted by the builder & see all agreements are duly registered.
• Have a clause in the agreement that if the seller terminates the agreement or does not give
possession on the due date then he will pay double the amount that has been collected by
him till date.
• Take irrevocable power of attorney from seller.
• Insist for clear and marketable title certificate from the advocate of the Vendor.
• See that the earlier chain of agreement is duly stamped and registered.
• Insist for no objection certificate from the society.
• Have the area physically measured. Also see that the carpet area tallies with the society
record as well as with the records of the Bombay Municipal Corporation. There are
instances were builders have fooled flat purchasers by selling open passages. The area as
reflected in municipal records is the correct records.
• Have clear cut idea of hidden expenses like transfer fees, brokerage etc.
• Be specific and ask hard hitting questions. Eg. What all furniture items will be kept.
Prepare an inventory of the same.
• Have separate agreement for furniture item. This will help you in saving stamp duty which
is 3% on moveable property and 5% on immovable property.
• See that the Seller has paid all his income tax dues.
• Inquire if there are any notices received pertaining to the flat. Take an affidavit from the
seller. In case of dispute this can help you to initiate criminal action against the seller.
• Documents should be signed before a notary and the notarial number must be mentioned
in the document otherwise it becomes a defective affidavit.
• Inquire about incidental benefits eg. Car parking spaces that would be allotted by society,
club facilities.
• Before paying token amount get the draft of all the papers approved from the seller.
• Ensure that the Seller is holding the flat not as a trustee.
• Find out the market value of the property as well as the impact of capital gains tax on the
seller. At times deals get cancelled if the seller has to pay high amount of tax.
• Check the status of the property after verifying the property card.
• Ensure that the entire chain of documents are mentioned in the agreements.
• In the event the flat is acquired by the transferor on account of demise of his family
members insist for probate/letter of administration. In the alternative insist on the consent
of all the legal heirs preferably as confirming parties.
• You have to ensure that proper precautions are taken else you can face problems when
you offer the flat as a collateral or at the time of transfer of flat.
• Take a token bank loan.It will give peace of mind.
• Check if the occupation certificate/ building completion certificate is received.
• Deal with reputed persons be it broker or vendor.
• Your flat is priceless do not compromise by telling illeterate persons to prepare transfer
documents.
Amendments have been made in the Maharashtra Co-operative Societies Act 1960
on 13/08/2013.
• However section 41 of the MCS Act which talks about exemption of shares of a chs from
registration has not been incorporated in the amendments.
• The bye laws stipulates collection of higher amount for obtaining certified true copy. Can
the bye laws superceed MCS Rules?
• Legally speaking bye laws do not have the force of law this is upheld by Supreme Court of
India.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 7
3. LIST OF DOCUMENTS THAT MAY BE DEMANDED BY SOCIETY FROM
BUILDER MITHIL VINOD SAMPAT (LAW STUDENT)
The only qualification as on date to be a builder is to have a sweet tongue and a smiling face.
Your notice to builder should state that the builder should submit the documents whichever
are in his possession to the society. This will help in putting pressure on the builder.
STAGE 1: BEFORE BUYING A PLOT / PROPERTY 1.1 MOU through which you acquired the property.
1.2 Title Search papers. Checking 7/12 utara and details of CTS plan. Copies of stamp duty payment /
Registration. Index 2 of all the purchasers Mutation Reprt. DP remarks. KJP (Kami JastaPatra) / CTS / Survey
Nos. Verification of Property Card. 1.3 Public Notice in Newspapers before purchase of property 1.4 ROC
registration check 1.5 Check done with regards to Litigation as regards the said property 1.6 Copy of
agreement with the Vendor.
STAGE 2: BEFORE INTIMATION OF DISAPPROVAL (IOD) IS ISSUED FOR DEVELOPMENT OF
PLOT 2.1 Demarcation of Plot (Fencing and Boundry) 2.2 Obtain Property Card in Owners name 2.3 Urban
Land Ceiling (ULC) Clearance 2.4 Check Zone 2.5 Redevelopment Permission 2.6 DP Remarks 2.7 Forest /
Private Forest 2.8 Labour NOC 2.9 Highway NOC 2.10 CRZ NOC (1,2,3 or 4) 2.11 Zone Conversion 2.12
Amalgamation of Property 2.14 NOC from MMRDA if applicable 2.15 Survey of the plot to confirm the
following: a) Existing ground levels (w r t to THD) b) Site Elevation Remarks c) Sewage Line d) Over Head
(OH) Line e) MTNL Line f) Water Line g) Road Level (w r t THD) h) Soil Investigation Report 2.16 FSI related
(a) Evaluation of existing FSI and Maximum usage / exploitation of plot (b) Type of additional FSI required /
TDR arrangement etc and Loading the same 2.17 Broad Evaluation of Proposed project 2.18 Selection of
Architect (For BMC approval) 2.20 Approval of Architect 2.21 Preparation of documents to be given to
architect for submitting of proposal to SRA / MCGM (a) Plan submission by Architect (b) Ownership
Document i.e 7/12, 6/12, CTS plan, PRC and KJP 2.22 Selection of various consultants based on project a)
Structural Consultant b) Services Consultant c) Design Architect d) Environment Consultant e) Aviation
Consultant f) License Plumber 2.23 Soil Investigation 2.24 Receipt of IOD 2.25 Consent to Establish (If
applicable) 2.26 Special Planning Authority 2.27 Railway Authority NOC 2.28 Heritage Conservation
Committee 2.29 NOC for cessed property in Island City 2.30 Public Parking Lot
STAGE 3: THE FOLLOWING CONDITIONS TO BE COMPLIED ON RECEIPT OF INTIMATION OF
DISAPPROVAL (IOD) further to which we go ahead to CC upto Plinth Level
3.1 SWD Remarks 3.2 NOC / Drainage Approval from EE Sewerage 3.3 NOC from HE 3.4 CFO, NOC 3.5 NOC
from Traffic and Co-ordination (IF REGULAR PROPOSAL) 3.6 NOC from Mechanical and Electrical 3.7 NOC
from High Rise Committee 3.8 NOC from MOEF 3.9 Tree NOC 3.10 Appointment and Acceptance of Architect
3.11 Appointment and Acceptance of Site Supervisor 3.12 Appointment and Acceptance Letter of Structural
Consultant 3.13 Photocopy of Licenses of all licensed consultants 3.14 Photocopy of License of site supervisor
3.15 MTNL NOC 3.16 Borewell Permission 3.17 HE NOC 3.18 No due certificate from AEWW 3.19 NOC from
AE (Environment) from Debris Disposal 3.20 CTS Plans 3.21 PR Card 3.22 DP Remarks 3.23 Rain water
harvesting system 3.24 Non-Agricultural Permission 3.25 DP Road PRC on MCGM name, if any 3.26
Registered undertaking (RUT) for agreeing to handover set back area, if any 3.27 Indemnity Bond for
damages risk, accidents 3.28 Undertaking regarding no nuisance 3.29 Regular / Sanctioned / Proposed Lines
and Reservation to be demarcated through AE Survey 3.30 Appointment of License Plumber 3.31 NOC from
Assistant Assessor and Collector 3.32 RUT for not misusing stilt, pocket terrace etc 3.33 NOC from Reliance
Energy 3.34 NOC from PEST CONTROL DEPT 3.35 Insurance policy for workers 3.36 Janata Insurance Policy
3.37 RUT for not misusing basement 3.38 Certificate from Structural Engineer for complying requirement for
earthquake design 3.39 Soil Investigation Report 3.40 Structural Design and Calculation with drawing by
structural Engineer 3.41 NOC from Airport Authority of India 3.42 Revalidation of ULC NOC if required 3.43
Location clearance from Police commissioner 3.44 NOC of PWD for theatre building 3.45 Labour License (to
be taken by Principal employer and been handed over to Contractor 3.46 Submission of proposals with
compliance to SRA / MCGM 3.47 Preparation of Estimates 3.48 Preparation of Execution Plan 3.49 Approval
of Execution Plan 3.50 Completing preliminary work before commencement of project 3.51 Batching Plant
approval, if necessary 3.52 STP approval, size, location & capacity 3.53 NOC from Environment Section 3.54
Street Light remarks 3.55 Approval of Road Consultant design from road department
STAGE 4: COMPLIANCES AFTER RECEIPT OF CC (Plinth level CC to full CC)
4.1 Award Contract for Construction 4.2 Statutory compliances for labour laws (REFER APPENDIX 3) 4.3
Obtain Sanctions for:- a) Temperory water connection (Requirement of Borewell, if any) b) Temperory
Electrical Connection c) Temperory Drainage Connection, if required d) Temperory Structures 4.4 Excavation
Permission (Royalty) 4.5 Checking of CC conditions and offsets 4.6 Arrange Plinth Level inspection 4.7 Plinth
Certificate from RCC consultant 4.8 Completion certificate from all consultants such as Architects, Licensed
Site supervisor, RCC, PMC, TPQA (third party quality audit) and Peer review of RCC consultant 4.9 Application
of Full CC
STAGE 5: CC to OC and COMPLIANCES BEFORE APPLYING FOR OC
5.1 Progress as per sanctioned Plans 5.2 Review of Project costs Comply with the following before
applying for OC a) RCC consultants stability Certificate & RCC plan duly pasted on Canvas b) Fire NOC by
CFO c) HE NOC d) Lift Inspector's NOC e) Electric Inspector NOC (Permanent Power & Substation etc) f)
Sewage Dept NOC / Drainage Completion Certificate g) Diesel Generator approval and registration h) Final
Tree NOC i) STP Environmental clearance j) STP work completion certificate k) HE specific NOC for
Hrdropneumatic system L) PWD completion for theatre bldg m) SWD competion certificate n) Dry fittings
approval (water pipe related) o) Terrace looping for water line p) Submission of 'P' form parallelly Receipt
of OC 1) Road digging permission for laying water pipe line 2) Water connection (certificate) 3) Handing over
property to new owners 4) Demobilization 5) Closing Accounts a) Debris disposal receipt before submitting
application for BCC 270 A permission from water department Receipt of Building Completion
Certificate (BCC)
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 8
STAGE 6: CONVEYANCE TO NEW OWNER (DOCUMENTS REQUIRED TO APPLY FOR
CONVEYANCE)
6.1 7/12 Abstract / CTS 6.2 Search report and Title clearance certificate from advocate 6.3 Index II of earlier
owner 6.4 Property Card of earlier owner 6.5 Conveyance deed of earlier owner with the name appearing in
the property card / 7/12 6.6 Transactions and chain of documents pertaining to the same as stated in the
Title report 6.7 Development agreement duly stamped, if applicable 6.8 CC issued by MCGM 6.9 OC issue by
MCGM + Approved Plan 6.10 BCC issued by MCGM 6.11 Proof of Individual payment of registration fee. 6.12
Original agreements executed by the builder with individual flat purchasers 6.13 Copy of IOD 6.14 Copy of
previous Power of Attorney (if any) 6.15 ULC order, if applicable (normally under section 20 or 22) 6.46 Copy
of list of NA Tax bill by the builder / Land Tax – Collector Documents that the Builder will handover to the
new Owner a) Original documents of Title to the property b) Property Power of Attorney c) Architectural
and Structural drwgs d) Audited statements of accounts for the amount collected by the developer / builder
e) Handing over all statutory approvals in Original f) i) Property Tax to MCGM ii) Tax Clearance Certificate
(Check if a certificate such as No Dues Certificate be obtained) HIGHRISE COMMITTEE (HRC) CHECKLIST if
applicable 7.1 Application Form 7.2 Project Personnel on record and contact information (Appendix-A) 7.3
Plot and Geotechnical information (Appendix-B) 7.4 Conceptual location plan (1-3Km) 7.5 Architectural
Drawings Set a) Site Plan b) All Floor Plans and FSI Calculations c) Elevations d) Sections 7.6 Structural a)
Drawings b) Report c) Wind Tunnel Analysis d) Peer Review 7.7 DC Regulation clearance 7.8 Environment
clearance 7.9 Soil investigation report 7.10 Shadow analysis 7.11 Airflow analysis 7.12 Traffic analysis 7.13
Water and Waste water management plan 7.14 Safety and Disaster Management plan 7.15 Site Summary
Report (To be made available at site at the time of Site Visit by technical committee for High Rise Building
along with Site plan & all Architectural Drawings)
ENVIRONMENTAL CLEARANCE (EC) CHECKLIST - STATE LEVEL EXPERT APPRAISAL
COMMITTEE (SEAC) if applicable 8.1 Application Form consisting of Appendix A (form 1) and Appendix B
(form 1A) Key Inputs: a) Basic Information of Project b) Activity c) Use of Natural resources in project d) Use,
Storage, Handling and Production of Materials e) Production of solid wastes during construction or operation
or decommissioning f) Release of Pollutants or hazardous substance to air g) Generation of Noise, Emission
and Vibration of light and heat h) Risks of contamination of land and water from releases of pollutants into
ground or into sewers, surface waters, groundwater, coastal waters or sea. i) Risk of accidents during
construction or operation of the project, which could affect human health or the environment j) Factors which
should be considered (such as consequential development) which could lead to environmental effects 8.2
Environment Sensitivity 8.3 Environmental Impacts a) Land Environment b) Water Environment c)
Vegetation d) Fauna e) Air Environment f) Aesthetics g) Socio-Economic Aspects h) Building Materials i)
Energy Conservation j) Environmental Management Plan 8.4 Environmental Infrastructure a) Solid Waste
Management b) Waste Water Treatment c) Green Area d) Rain water harvesting e) Energy conservation
measures f) Water requirement g) Sewer line and drainage line details h) Details of the EMP i) Disaster
Management Plan 8.6 List of native trees suitable for beautification in garden / building premises
BUILDING AND OTHER CONSTRUCTION (BOC) WORKERS ACT 1996, CONTRACT LABOUR
(REGULATION AND ABOLITION) ACT (CLA). 1970, MAHARASHTRA CONTRACT LABOUR (R &
A) RULE, 1971
9.1 Registration of Principal Employer owning the site (as per CLA) 9.2 Registration of contractors under
contract Labour Regulation Act (as per CLA) 9.3 Registration of Labour working at site by payment of Rs 25
towards enrolment and Rs 60/- towards Annual subscription. Total Rs 85/- per labour (BY THE
CONTRACTOR) (as per BOC) 9.4 Maintenance of Records together with the safety provisions as follows:- (as
per BOC) 1) Every worker must wear and carry Gumboots. Helmets, safety belts and hand gloves 2) Muster
cum wages register 3) Minimum wages 4) Labour camp / Accomodation 5) Drinking water facility. It should
be atleast 100 mtr away from Urinals 6) Latrines and Urinals separate for Male / Female 7) Creches 8)
Provision of First Aid 9) Medical check up at regular intervals by Govt medical officer 10) Canteens (250
workers) 11) Safety Officer 12) Identity Card for each 13) Fixing hours of work 14) Fire protection 15)
Emergency action plans 16) Health and safety policy 17) Eye protective 18) Dust, Gases, Furness etc 19)
Provision of Nets across the site 20) Appropriate, preferably metal scaffoldings
PUBLIC PARKING LOT CHECKLIST - Parallel activity at any stage of IOD, CC or OC id
applicable 10.1 Proposal submitted to Road Dept, MCGM 10.2 Road Dept sends note to a) Jt CP – NOC b)
CFO NOC c) Bldg Proposal NOC d) Urban Dept 10.3 Minutes Approved on HPC (High Powered Committee of
MCGM) 10.4 UDD approves in Principal 10.5 Sent to road dept with remarks 10.6 LOI is issued
WHY YOU SHOULD TAKE A HOUSING LOAN FROM INCOME TAX POINT OF VIEW..
Section Interest u/s. 24 of Income Tax
Act
Principal u/s. 80L of Income Tax
Act
Exemption upto Rs. 1,50,000/- Rs. 100,000
If loan is taken by four family members all will get the income tax benefits.
The Gurgaon administration has directed co-operative societies, this month to install good quality CCTV
cameras at entry and exit points in all Housing Societies, The footge should be stored for at least 30
days. This is done to ensure that law and order is maintained and theft and burglaries are kept under
check. If the same is not acted upon action u/s. 188 of Indian Penal Code will be initiated against the
violators.
Section 89AB of the Maharashtra Co-operative Soceities Act hereinafter referred to as MCS ACT
proposed on or about 15/04/2013 talked about dispute redressal committee to be set up from amongst
the members of the society.. This has not been incorporated in the Act enacted on or about 13/08/2013.
The implication of the same is there will not be a dispute redressal committee to be set up from
amongst the members of the society.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 9
4. SPECIMEN PRAYERS IN CONSUMER COURT.
It is suggested that if one has to move against the builder for audited statement of accounts,
copies of building plan, conveyance, transfer of property card, obtaining amenities from builder like
temple, health club, swimming pool etc. then one should ensure that prayers are appropriately
drafted. After the enactment of the Housing Regulatory Act it will be difficult to approach the
consumer courts. This is the right time to file case against the builder for conveyance related
matters. Prayers should income ad interim prayers. Ask information which will be difficult for
builders to share and will increase his work. Eg. Details of all flats sold to investors, Copies of
Statutory registers, Call upon the builder to rectify the agreement as per model agreement
incorporating the statutory clauses of Form V namely clause nos. 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13 &
22. Also call upon the builder to execute the agreement at his cost and register the same
incorporating the Owners as Confirming Party. (please read explanatory notes 1 & 2 of the model
agreement Form V which is part and parcel of Maharashtra Ownership Flats Act). This will help in
putting pressure on the builder. Highlight instances were huge amounts have been awarded as
compensation by courts. Also highlight per day penalty in consumer court cases like Natalia CHS
Ltd. and Evergreen CHS Ltd. You may also include the negligence of builders in obtaining building
completion certificate which is evident as under. Your notice should have inputs as regards
provisions of MOF Act, Development Control Rule for Greater Mumbai, Indian Penal Code.
IOD, CC, OC and Building Completion Certificate (BCC) issued by Corporation
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
SHAME ON BMC FOR NOT TAKING ACTION AGAINST BUILDERS JUST 8% BCC ISSUED.
The Complainant, therefore, prays:-
(a) To hold and declare the Opposite Parties are guilty of deficiency in service and unfair trade
practice as per the provisions of the Consumer Protection Act, 1986.
(b) To direct the Opposite Paries not to create third Party rights in the Property mentioned in
the schedule of property i.e. ALL THAT PIECE AND PARCEL OF PROPERTY SITUATED
AT…………………………………………………………………….
(c) To direct the Opposite Parties to obtain and give Occupation Certificate to the Complainant.
(d) To direct the Opposite Parties to submit details of the steps taken by the Opposite Parties to
obtain the Occupation Certificate from the BMC Authorities.
(e) To direct that the benefits of the extra FSI, TDR set back available on the plot of land would,
exclusively belong to the Complainant/s
(f) To direct the Opposite Parties to pay the increase of stamp duty amount on account of
increase in the market value of the property for not entering the registration of individual
agreements as well as payment of proper stamp duty as per the provisions of Sec. 34 of the
Bombay stamp Act, 1958, as well as increase in registration fee on account of non-execution
of conveyance within four months from the date of formation of the Society.
(g) To direct the Opposite Parties to submit Building Completion Certificate from the BMC
Authorities.
(h) To direct the Opposite Parties to transfer the property card in the name of the Complainant
Society particularly comply with the formality of transferring the property card in the name
of the Complainant society.
(i) To direct the Opposite Parties to execute the Conveyance Deed in favour of the
Complainant/s at their own cost within a time bound schedule of two months.
(j) The Delay in filling the application before this Hon’ble Forum if any be condoned.
(k) To direct the Opposite Parties to give the details of the Flats that have been transferred by
the Opposite Parties during their tenure and refund the amounts collected by the developer
at the time of transfer of Flats done by the Opposite Parties as well as the details of the
various amounts collected by the Opposite Parties from the flat purchasers prior to
formation of Society as well as the details of all the expenses incurred by them above Rs.
500/- in cash and cheque from the date they started the affairs of the management of the
building constructed by them as well as the basis as to how they have arrived at the
working of the ad hoc amount to be collected by them.
(l) To direct the Opposite Parties to submit original documents of title to the property,
including.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 10
I. Ledger Abstract of the property i.e. 7/12 Abstract.
II. Order issued by the competent authority as per the provisions of the Urban Land
Ceiling Act.
III. Development Agreement executed by the developer with the land owners.
IV. Copies of the Power of Attorney given by the owners in favour of the developers
along with the copy of the registration receipt.
V. Intimation of disapproval from the Bombay Municipal Corporation Authorities.
VI. Occupation Certificate.
VII. Building Completion Certificate.
VIII. Approved plan of the building.
IX. Chain of documents through which the vendor acquired the right, title and interest
in the property.
X. Non-agricultural assessment order.
XI. Non-agricultural tax paid receipts.
XII. Title Clearance Certificate from the vendor’s advocate.
XIII. Search report for the last 30 years with the search fees paid receipts.
XIV. To direct the Opposite Party to hand over to the Complainant the audited statement
of account of the promoter’s account and to refund any excess money lying with
them.
XV. To direct the Opposite Parties to give certified true copy of the cash book and
general ledger from the date of first booking till date as well as details of cash
expenses as well as cheque payments made by the Opposite Parties during their
tenure and the details of the amounts that have been waived of by them from the
flat purchasers if any.
XVI. To direct the Opposite Parties to give certified true copies of the Statutory Registers,
which are required to be statutorily maintained by the Opposite Parties as per the
provisions of Maharashtra Ownership Flats Act i.e. Form-I, Form-II, Form-III and
Form-IV and to rectify the agreement as per model agreement Form V including the
owner as Confirming Party.
XVII. The Hon’ble Court be pleased to direct the Opposite Party to pay compensation of
Rs. ________/- towards the liquefied damages to enable the Complainant Society to
pay stamp duty, registration charges, as well as for mental torture and
inconvenience caused to the complainant.
XVIII. For costs towards filing of this complaint;
Pending hearing and final disposal of the complaint, the Opposite Party
No. 1 be restrained by Order of ad-interim injunction from creating third party
rights and/or dealing in any manner whatsoever with the plot of land bearing
C.T.S. No. _____ Survey No. _______ Village ____________.
(m) Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be
directed to give to the Complainant copies of all the statutory registers as per Form-I, Form-
II, Form-III and Form-IV of Maharashtra Ownership Flats Act 1963 read with Rule-10, sub-
Rule-2. With details of the letter of allotment issued by the Opposite Party No. 1 to all the
flat purchasers and the amounts taken at the time of transfer of flat by the Opposite Party
No. 1 from all the purchasers/sellers of the said flats.
(n) Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be
directed to give inspection as well as certified true copy of all the expenses incurred by the
Opposite Party No. 1 during their tenure for which they have collected and spent money for
and on behalf of the Flat purchasers and the basis as to how they have collected the
amounts from the flat purchasers with the date from which they have commenced the
collection of the amounts as well as the details of the amounts waived of by them from the
flat purchasers if any. The Opposite Party No. 1 is also called upon to give the basis as to
how they decided to collect the ad hoc amounts from the flat purchasers.
(o) Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be
directed to give statements of various amounts collected by them at the time of transfer of
Flat from the Flat purchasers along with the list of persons in whose name the Flats have
been transferred with the date on which the transfer has taken place, amount collected by
the Opposite Party No. 1 for the same as well as the details of the expenses incurred by
them above Rs. 500/- in cash as well as by cheque from the date they started the affairs of
the management of the building ______ constructed by them for which the Opposite Parties
have to execute the conveyance of the property in favor of the Complainant No. 1.
(p) Ad interim reliefs in terms of prayer clauses l, m & n.
IS THIS FAIR?
IN COLONIES LIKE GARODIA NAGAR THE FSI THAT HAS BEEN USED IS 1.33. IF THE SOCIETY
WANTS TO GO FOR REDEVELOPMENT BMC IS TELLING THE DEVELOPER THAT AS THE
BUILDING HAS BEEN DEMOLISHED ONLY CREDIT FOR 1 FSI WILL BE GIVEN FOR UTILISING
THE REMAINING FSI (I.E..33) PREMIUM WILL HAVE TO BE PAID.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 11
IF YOU WISH TO BE UPDATED ON PROPERTY RELATED MATTERS
AND WISH TO SUBSCRIBE THE CHARGES
PER ANNUM FOR THE SAME ARE AS UNDER
HOUSING SOCIETY MATTERS
Subscription Rs. 1,000/- Cheque should be drawn in favour of
SMT. HEENA VINOD SAMPAT Email Id: hsg.soc.sampat@gmail.com
(Fortnighly magazine published on the 2nd & 16th
of every month)
Cheque for Rs. 1,000/- should be drawn in favour of
Smt. Heena Vinod Sampat. Email hsg.soc.sampat@gmail.com Mob. 93240 68 689
You will also get one book Co-operative Societieis Ready Recokner 2014
(800+ pages complimentary) in Jan 2014.
I 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
Email Id: hsg.soc.sampat@gmail.com
Documentation will normally not take more than three hours provided all the
necessary information is made available to us. Once assignment is taken and
Professional Fees are paid our representatives may be available in different areas of
Mumbai City.
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.
DEEMED CONVEYANCE IN OUR VIEW IS
DOOMED CONVEYANCE.
You should approach consumer forum where you can get the property card transferred
directly besides daily compensation for not getting building completion certificate.
(Please see judgment of Natalia CHS Ltd.+ legal expenses & Malad Evergreen CHS Ltd.,
+ expenses Rs. 65,000/-). In environ emmanual chs ltd order was passed in 128 days by
consumer forum. Normally 1 to 2 years. Interim order may be passed in about four
hearings. Speed money in deemed conveyance is an open secret ALLEGED by
one MP. Inspite of political will a small percentage of the society have got deemed
conveyance order. Irrespective of the claim of authorities not even 25 societies in our
view have got the property card trasferred in their name till date. Kindly specify the
names if the number exceeds 25 in Mumbai.
Wanted retired government employees for our assignments.
16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 12
Part time / Full time vacancies exist in our office for
Stenographers,
Research work
RTI Activists
Jr. Advocates,
Office Staff
PageMaker Operators,
Translators,
as well as for College Students who wish to pursue Law as their carrier and are interested in
matters connected with Co-operative Societies, Conveyance, Registration and Stamp Duty.
For Details Contact
MITHIL VINOD SAMPAT (LAW STUDENT) 3240 21 55.
1. 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.
2. If you find the circular informative, please discuss / distribute the same with / to your
members, well wishers. May I also request you to make xerox copies of this circular
and give the same to your managing committee members / Active members.
3. We can provide property related updates to press persons on a regular basis to
newspapers, persons desirous of the same. Press persons are requested to send
their email id, names and mobile numbers.
WE WELCOME CONSTRUCTIVE SUGGESTIONS. hsg.soc.sampat@gmail.com
NEXT ISSUE MAY CONTAIN
DEVELOPMENT
AGREEMENT
CALCULATIONS (SD)
& MISUSE OF POA
FSI (FOR CITY AND
SUBURBS UNDERS
VARIOUS SCHEMES)
PRACTICAL
SUGGESTIONS FOR
CHS
LAND MARK COURT
JUDGMENTS
TOMORROWS NEWS
TODAY?
SERVICE TAX ON
CHS
NEW GUIDELINES
WITH REGARDS TO
REGISTRATION OF
DOCUMENTS
WRITING OFF OF
OUTSTANDING DUES
FOUND
IRRECOVERABLE
WHAT THINGS ARE
NOT INFORMED TO
FLAT PURCHASERS
BY BUILDERS
ELECTIONS IN CHS
LTD
HOW BUILDERS
GRAB YOUR OPEN
SPACE I.E. RG AREA.
INCOME TAX
BENEFITS FOR
SENIOR CITIZENS
WE INVITE THE AUTHOR IN YOU TO SEND US ARTICLES,
INFORMATION ON PROPERTY RELATED MATTERS.
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 2nd & 16th of Every Month
To,
The Hon. Secretary / Chairman,
If undelivered please return to
EDITOR : HEENA VINOD SAMPAT
Correspondence Add: A-901, Sheetalnath Tower, Sudha Park, Shanti Sudha Lane, Near Eastern Express
Highway, Ghatkopar (E), Mumbai – 400 077.
Tel.: 3240 21 55; Email Id: hsg.soc.sampat@gmail.com
____________________________________________________________________________________________
Printed, Published, Edited and Owned by HEENA .V. SAMPAT, Printed at Hardeek Printer, 79, Khadilkar Road,
Gandhi Niwas CHS., Opp. Narayan Wadi, Mumbai – 400 004.and Published from 201, Shrimad Darshan , Plot
No.92, Off, Rambaug Lane, Opp. Tilak Road Lions Garden. Ghatkopar (E), Mumbai – 400 077. Editor : HEENA .V.
SAMPAT

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Housing society-matters-issue-3

  • 1. 16 to 30- November - 2013 HOUSING SOCIETY MATTERS Page No. 1 Posted at Patrika Channel Sorting Office, Mumbai – 400 001 on 2 nd & 16 th of Every Month MANAGING COMMITTEE MEMBERS, RESIDENTS OF CO-OP. SOC. & FRIENDS, The gist of a story is Ravan got a place in heaven. Many well wishers of God Rama were inquiring why is it that Ravan got a place in the God’s territory inspite of doing so many wrong things? God replied that he used to remember me often be it with love or hate. Same is the state with critics. We may not be supporting the critic but like a Ravan he enjoys at least for some time power and status. The reason for the same is critic like a batsman can hit the ball ( wrong / improper things being supported by Managing Committee members) in any direction. Here we are highlighting the common problems faced in co-operative societies. The office bearers of the society at times willingly or unwillingly cannot take action against the wrong doers. 1. COMMON PROBLEMS RELATED TO CO-OPERATIVE SOCIETIES AND THE SOLUTION TO THE SAME:- ADV. 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 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. a) Approach Consumer Court for deficiency of service. 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. Taj Mahal would not have looked so beautiful and everlasting if Emperor Shah Jahan had called for quotations and awarded the contract as per the lowest tender. WE CANNOT SPELL SUCCESS WITHOUT ‘U’. EDITOR : HEENA VINOD SAMPAT VOLUME -I, ISSUE NO. 3 MUMBAI - 16 to 30-November - 2013 Price Rs. 5/-
  • 2. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 2 (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 Registrar’s 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. 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 If you wish to advertise in our magazine Housing Society Matters (print order of this issue is 20,000 copies) or for advertisments in the books (1) Stamp Duty Ready Reckoner for Bombay 2014. (2) Stamp Duty Ready Reckoner for Navi Mumbai 2014. (3) Co-operative Societies Ready Reckoner 2014, (800+ pages). (4) Answers to your Questions on Co-operative Socieites 2014 in English. (5) Answers to your Questions on Co-operative Socieites 2014 in Hindi. (6) Answers to your Questions on Co-operative Socieites 2014 in Gujarati. (7) Answers to your Questions on Co-operative Socieites 2014 in Marathi. (8) Co-operative Guide 2014. (9) Redevelopment of Co-operative Societies 2014. (10) Service Tax & Co-operative Societies 2014. (11) Co-operative Societies & Criminal Law 2014. (12) Conveyance for Co-operatve Societies 2014. (13) Specimen Petitions in Co-operative Courts 2014. (14) Slum Rehabilitation Authority Ready Reckoner 2014 Please Contact on 93240 68 689. Or on Email Id: hsg.soc.sampat@gmail.com (We may add that materials authored by us may be referred for a long time by societies and other persons intimately connected with co-operative societies).
  • 3. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 3 ALWAYS BE AFRAID OF THE RETIRED PERSON WHO HAS THE WEALTH OF TIME AT HIS DISPOSAL. CHARTERED ACCOUNTANTS COULD BE A SOFT TARGET FOR PROFESSIONAL MISCONDUCT. (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. • • • In a random survey of 1397 buildings in suburbs by fire brigade officials it was found that 1216 buildings had violated safety norms. Inspite of being warned only 70 buildings filed compliance report. Similarly of the 2346 buildings inspected in island city 605 buildings were issued notices and only 4 buildings complied with the directions of the fire brigade officials. As per one survey Mumbais unsold stock is 150.63 million sq. feet. In the second quarter of 2013-14 10.77 million sq. feet was offered for sale. Of the stock only 7.85 million was sold for a price of Rs. 8, 346 crores. If projections are to be believed it will take 58 months to clear the unsold stock. I leave it for my readers to guess the additional construction that will be put up in the said period. After the war, Hanuman submitted his Travel Allowance Bill for his official tour for collecting Sanjeevani Booti to Ayodhya administration. The Auditor in Bill section raised 3 objections: (1) Hanuman did not take prior permission of the appropriate authority (Bharat), the King of Ayodhya, during the relevant time for his travel. (2) Hanuman being Grade-D officer was not entitled to air travel. (3) Hanuman was asked to bring Sanjeevani Booti, just a single plant, but he carried a whole mountain (unauthorized excess baggage). The Auditor returned the bill. King Rama could do nothing except mark it down for re- examination. A worried Laxman approached the Auditor and offered a bribe of 10% of the T.A. Bill amount. The Auditor now wrote on the Bill: Re-examined. 1. Even during the relevant time, Rama was the de-jure king through his Paduka. 2. Further in an emergency, non-entitled officers can be authorized ex-post facto to fly. 3. Also excess baggage is justified as bringing a wrong plant would have entailed multiple journeys with extra cost; hence bill may be paid. Moral: Boss is the king...He will do anything & go beyond bounds if the employee is his favourite.
  • 4. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 4 SOME USEFULL EMAIL ID FOR COMPLAINANTS:- chiefminister@maharashtra.gov.in DeputyChiefMinister@maharashtra.gov.in chiefsecretary@maharashtra.gov.in Follow up on Lokshahi Din Collector Mumbai city Tel.: 2266 12 31 Email : mahbom@nic.in Mumbai Suburbs Tel.: 2651 47 42 Fax: 2655 68 05 Email : collrmsd@yahoo.com STAMP DUTY HELPLINE : 022-2263 45 67 PRINCIPLE SECRETARY : 022-2285 59 20 IGR OFFICE : 9520-2605 24 32 www.mumbaipolice.org You should check the date and time when DCP visits your area and do follow up of the complaint with DCP BMC- Lodge the complaint by accessing BMC web site www. mcgm.gov.in; or on HELPLINE 1916 Commissioner for Co-operation & Registration of Co-operative Societies: 9520-26122500 / 9520-26122739 Email : commcoop@rediffmail.com (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.
  • 5. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 5 (F) POLICE RELATED MATTERS 1 Police not taking steps to lodge an FIR in case of a cognisable offence Approach the magistrate u/s. 154 of Criminal Procedure Code to direct the police officers to register an FIR. (G) HOW TO DRAFT COMPLAINT LETTERS 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 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 knowledged 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 • Mumbai Municipal Corporation is strict as regards recovery of property tax from co-operative societies however when it comes to recovery of property tax as well as water charges from railways double standars are employed. I am told property tax and water charges are not recovered since more than 15 years. • Co-operative societies are advised that they should pay the non agricultural tax before the stipulated date. Failure to do so can invite penalty 40 times than the tax amount. • Nominee does not necessarily become the owner of the flat. • Close relative not defined under Maharashtra Stamp Act.
  • 6. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 6 2. PURCHASE OF PROPERTY ADV. DHARMIN VINOD SAMPAT • CHECK THE TYPE OF PROPERTY FREEHOLD LEASEHOLD ADVANTAGES DISADVANTAGE ADVANTAGES DISADVANTAGE Peace of mind Costly Cheaper Yearly lease rent to be paid No recurring expenses Check the lease period. After lease period property may not be renewed No difficulties at the time of redevelopment Possibility of litigation eg. Bombay port trust property lease renewed only for five years at exorbitant rates. Problems may arise at the time of redevelopment. • Take search • Issue Public Notice • Read original agreement drafted by the builder & see all agreements are duly registered. • Have a clause in the agreement that if the seller terminates the agreement or does not give possession on the due date then he will pay double the amount that has been collected by him till date. • Take irrevocable power of attorney from seller. • Insist for clear and marketable title certificate from the advocate of the Vendor. • See that the earlier chain of agreement is duly stamped and registered. • Insist for no objection certificate from the society. • Have the area physically measured. Also see that the carpet area tallies with the society record as well as with the records of the Bombay Municipal Corporation. There are instances were builders have fooled flat purchasers by selling open passages. The area as reflected in municipal records is the correct records. • Have clear cut idea of hidden expenses like transfer fees, brokerage etc. • Be specific and ask hard hitting questions. Eg. What all furniture items will be kept. Prepare an inventory of the same. • Have separate agreement for furniture item. This will help you in saving stamp duty which is 3% on moveable property and 5% on immovable property. • See that the Seller has paid all his income tax dues. • Inquire if there are any notices received pertaining to the flat. Take an affidavit from the seller. In case of dispute this can help you to initiate criminal action against the seller. • Documents should be signed before a notary and the notarial number must be mentioned in the document otherwise it becomes a defective affidavit. • Inquire about incidental benefits eg. Car parking spaces that would be allotted by society, club facilities. • Before paying token amount get the draft of all the papers approved from the seller. • Ensure that the Seller is holding the flat not as a trustee. • Find out the market value of the property as well as the impact of capital gains tax on the seller. At times deals get cancelled if the seller has to pay high amount of tax. • Check the status of the property after verifying the property card. • Ensure that the entire chain of documents are mentioned in the agreements. • In the event the flat is acquired by the transferor on account of demise of his family members insist for probate/letter of administration. In the alternative insist on the consent of all the legal heirs preferably as confirming parties. • You have to ensure that proper precautions are taken else you can face problems when you offer the flat as a collateral or at the time of transfer of flat. • Take a token bank loan.It will give peace of mind. • Check if the occupation certificate/ building completion certificate is received. • Deal with reputed persons be it broker or vendor. • Your flat is priceless do not compromise by telling illeterate persons to prepare transfer documents. Amendments have been made in the Maharashtra Co-operative Societies Act 1960 on 13/08/2013. • However section 41 of the MCS Act which talks about exemption of shares of a chs from registration has not been incorporated in the amendments. • The bye laws stipulates collection of higher amount for obtaining certified true copy. Can the bye laws superceed MCS Rules? • Legally speaking bye laws do not have the force of law this is upheld by Supreme Court of India.
  • 7. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 7 3. LIST OF DOCUMENTS THAT MAY BE DEMANDED BY SOCIETY FROM BUILDER MITHIL VINOD SAMPAT (LAW STUDENT) The only qualification as on date to be a builder is to have a sweet tongue and a smiling face. Your notice to builder should state that the builder should submit the documents whichever are in his possession to the society. This will help in putting pressure on the builder. STAGE 1: BEFORE BUYING A PLOT / PROPERTY 1.1 MOU through which you acquired the property. 1.2 Title Search papers. Checking 7/12 utara and details of CTS plan. Copies of stamp duty payment / Registration. Index 2 of all the purchasers Mutation Reprt. DP remarks. KJP (Kami JastaPatra) / CTS / Survey Nos. Verification of Property Card. 1.3 Public Notice in Newspapers before purchase of property 1.4 ROC registration check 1.5 Check done with regards to Litigation as regards the said property 1.6 Copy of agreement with the Vendor. STAGE 2: BEFORE INTIMATION OF DISAPPROVAL (IOD) IS ISSUED FOR DEVELOPMENT OF PLOT 2.1 Demarcation of Plot (Fencing and Boundry) 2.2 Obtain Property Card in Owners name 2.3 Urban Land Ceiling (ULC) Clearance 2.4 Check Zone 2.5 Redevelopment Permission 2.6 DP Remarks 2.7 Forest / Private Forest 2.8 Labour NOC 2.9 Highway NOC 2.10 CRZ NOC (1,2,3 or 4) 2.11 Zone Conversion 2.12 Amalgamation of Property 2.14 NOC from MMRDA if applicable 2.15 Survey of the plot to confirm the following: a) Existing ground levels (w r t to THD) b) Site Elevation Remarks c) Sewage Line d) Over Head (OH) Line e) MTNL Line f) Water Line g) Road Level (w r t THD) h) Soil Investigation Report 2.16 FSI related (a) Evaluation of existing FSI and Maximum usage / exploitation of plot (b) Type of additional FSI required / TDR arrangement etc and Loading the same 2.17 Broad Evaluation of Proposed project 2.18 Selection of Architect (For BMC approval) 2.20 Approval of Architect 2.21 Preparation of documents to be given to architect for submitting of proposal to SRA / MCGM (a) Plan submission by Architect (b) Ownership Document i.e 7/12, 6/12, CTS plan, PRC and KJP 2.22 Selection of various consultants based on project a) Structural Consultant b) Services Consultant c) Design Architect d) Environment Consultant e) Aviation Consultant f) License Plumber 2.23 Soil Investigation 2.24 Receipt of IOD 2.25 Consent to Establish (If applicable) 2.26 Special Planning Authority 2.27 Railway Authority NOC 2.28 Heritage Conservation Committee 2.29 NOC for cessed property in Island City 2.30 Public Parking Lot STAGE 3: THE FOLLOWING CONDITIONS TO BE COMPLIED ON RECEIPT OF INTIMATION OF DISAPPROVAL (IOD) further to which we go ahead to CC upto Plinth Level 3.1 SWD Remarks 3.2 NOC / Drainage Approval from EE Sewerage 3.3 NOC from HE 3.4 CFO, NOC 3.5 NOC from Traffic and Co-ordination (IF REGULAR PROPOSAL) 3.6 NOC from Mechanical and Electrical 3.7 NOC from High Rise Committee 3.8 NOC from MOEF 3.9 Tree NOC 3.10 Appointment and Acceptance of Architect 3.11 Appointment and Acceptance of Site Supervisor 3.12 Appointment and Acceptance Letter of Structural Consultant 3.13 Photocopy of Licenses of all licensed consultants 3.14 Photocopy of License of site supervisor 3.15 MTNL NOC 3.16 Borewell Permission 3.17 HE NOC 3.18 No due certificate from AEWW 3.19 NOC from AE (Environment) from Debris Disposal 3.20 CTS Plans 3.21 PR Card 3.22 DP Remarks 3.23 Rain water harvesting system 3.24 Non-Agricultural Permission 3.25 DP Road PRC on MCGM name, if any 3.26 Registered undertaking (RUT) for agreeing to handover set back area, if any 3.27 Indemnity Bond for damages risk, accidents 3.28 Undertaking regarding no nuisance 3.29 Regular / Sanctioned / Proposed Lines and Reservation to be demarcated through AE Survey 3.30 Appointment of License Plumber 3.31 NOC from Assistant Assessor and Collector 3.32 RUT for not misusing stilt, pocket terrace etc 3.33 NOC from Reliance Energy 3.34 NOC from PEST CONTROL DEPT 3.35 Insurance policy for workers 3.36 Janata Insurance Policy 3.37 RUT for not misusing basement 3.38 Certificate from Structural Engineer for complying requirement for earthquake design 3.39 Soil Investigation Report 3.40 Structural Design and Calculation with drawing by structural Engineer 3.41 NOC from Airport Authority of India 3.42 Revalidation of ULC NOC if required 3.43 Location clearance from Police commissioner 3.44 NOC of PWD for theatre building 3.45 Labour License (to be taken by Principal employer and been handed over to Contractor 3.46 Submission of proposals with compliance to SRA / MCGM 3.47 Preparation of Estimates 3.48 Preparation of Execution Plan 3.49 Approval of Execution Plan 3.50 Completing preliminary work before commencement of project 3.51 Batching Plant approval, if necessary 3.52 STP approval, size, location & capacity 3.53 NOC from Environment Section 3.54 Street Light remarks 3.55 Approval of Road Consultant design from road department STAGE 4: COMPLIANCES AFTER RECEIPT OF CC (Plinth level CC to full CC) 4.1 Award Contract for Construction 4.2 Statutory compliances for labour laws (REFER APPENDIX 3) 4.3 Obtain Sanctions for:- a) Temperory water connection (Requirement of Borewell, if any) b) Temperory Electrical Connection c) Temperory Drainage Connection, if required d) Temperory Structures 4.4 Excavation Permission (Royalty) 4.5 Checking of CC conditions and offsets 4.6 Arrange Plinth Level inspection 4.7 Plinth Certificate from RCC consultant 4.8 Completion certificate from all consultants such as Architects, Licensed Site supervisor, RCC, PMC, TPQA (third party quality audit) and Peer review of RCC consultant 4.9 Application of Full CC STAGE 5: CC to OC and COMPLIANCES BEFORE APPLYING FOR OC 5.1 Progress as per sanctioned Plans 5.2 Review of Project costs Comply with the following before applying for OC a) RCC consultants stability Certificate & RCC plan duly pasted on Canvas b) Fire NOC by CFO c) HE NOC d) Lift Inspector's NOC e) Electric Inspector NOC (Permanent Power & Substation etc) f) Sewage Dept NOC / Drainage Completion Certificate g) Diesel Generator approval and registration h) Final Tree NOC i) STP Environmental clearance j) STP work completion certificate k) HE specific NOC for Hrdropneumatic system L) PWD completion for theatre bldg m) SWD competion certificate n) Dry fittings approval (water pipe related) o) Terrace looping for water line p) Submission of 'P' form parallelly Receipt of OC 1) Road digging permission for laying water pipe line 2) Water connection (certificate) 3) Handing over property to new owners 4) Demobilization 5) Closing Accounts a) Debris disposal receipt before submitting application for BCC 270 A permission from water department Receipt of Building Completion Certificate (BCC)
  • 8. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 8 STAGE 6: CONVEYANCE TO NEW OWNER (DOCUMENTS REQUIRED TO APPLY FOR CONVEYANCE) 6.1 7/12 Abstract / CTS 6.2 Search report and Title clearance certificate from advocate 6.3 Index II of earlier owner 6.4 Property Card of earlier owner 6.5 Conveyance deed of earlier owner with the name appearing in the property card / 7/12 6.6 Transactions and chain of documents pertaining to the same as stated in the Title report 6.7 Development agreement duly stamped, if applicable 6.8 CC issued by MCGM 6.9 OC issue by MCGM + Approved Plan 6.10 BCC issued by MCGM 6.11 Proof of Individual payment of registration fee. 6.12 Original agreements executed by the builder with individual flat purchasers 6.13 Copy of IOD 6.14 Copy of previous Power of Attorney (if any) 6.15 ULC order, if applicable (normally under section 20 or 22) 6.46 Copy of list of NA Tax bill by the builder / Land Tax – Collector Documents that the Builder will handover to the new Owner a) Original documents of Title to the property b) Property Power of Attorney c) Architectural and Structural drwgs d) Audited statements of accounts for the amount collected by the developer / builder e) Handing over all statutory approvals in Original f) i) Property Tax to MCGM ii) Tax Clearance Certificate (Check if a certificate such as No Dues Certificate be obtained) HIGHRISE COMMITTEE (HRC) CHECKLIST if applicable 7.1 Application Form 7.2 Project Personnel on record and contact information (Appendix-A) 7.3 Plot and Geotechnical information (Appendix-B) 7.4 Conceptual location plan (1-3Km) 7.5 Architectural Drawings Set a) Site Plan b) All Floor Plans and FSI Calculations c) Elevations d) Sections 7.6 Structural a) Drawings b) Report c) Wind Tunnel Analysis d) Peer Review 7.7 DC Regulation clearance 7.8 Environment clearance 7.9 Soil investigation report 7.10 Shadow analysis 7.11 Airflow analysis 7.12 Traffic analysis 7.13 Water and Waste water management plan 7.14 Safety and Disaster Management plan 7.15 Site Summary Report (To be made available at site at the time of Site Visit by technical committee for High Rise Building along with Site plan & all Architectural Drawings) ENVIRONMENTAL CLEARANCE (EC) CHECKLIST - STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC) if applicable 8.1 Application Form consisting of Appendix A (form 1) and Appendix B (form 1A) Key Inputs: a) Basic Information of Project b) Activity c) Use of Natural resources in project d) Use, Storage, Handling and Production of Materials e) Production of solid wastes during construction or operation or decommissioning f) Release of Pollutants or hazardous substance to air g) Generation of Noise, Emission and Vibration of light and heat h) Risks of contamination of land and water from releases of pollutants into ground or into sewers, surface waters, groundwater, coastal waters or sea. i) Risk of accidents during construction or operation of the project, which could affect human health or the environment j) Factors which should be considered (such as consequential development) which could lead to environmental effects 8.2 Environment Sensitivity 8.3 Environmental Impacts a) Land Environment b) Water Environment c) Vegetation d) Fauna e) Air Environment f) Aesthetics g) Socio-Economic Aspects h) Building Materials i) Energy Conservation j) Environmental Management Plan 8.4 Environmental Infrastructure a) Solid Waste Management b) Waste Water Treatment c) Green Area d) Rain water harvesting e) Energy conservation measures f) Water requirement g) Sewer line and drainage line details h) Details of the EMP i) Disaster Management Plan 8.6 List of native trees suitable for beautification in garden / building premises BUILDING AND OTHER CONSTRUCTION (BOC) WORKERS ACT 1996, CONTRACT LABOUR (REGULATION AND ABOLITION) ACT (CLA). 1970, MAHARASHTRA CONTRACT LABOUR (R & A) RULE, 1971 9.1 Registration of Principal Employer owning the site (as per CLA) 9.2 Registration of contractors under contract Labour Regulation Act (as per CLA) 9.3 Registration of Labour working at site by payment of Rs 25 towards enrolment and Rs 60/- towards Annual subscription. Total Rs 85/- per labour (BY THE CONTRACTOR) (as per BOC) 9.4 Maintenance of Records together with the safety provisions as follows:- (as per BOC) 1) Every worker must wear and carry Gumboots. Helmets, safety belts and hand gloves 2) Muster cum wages register 3) Minimum wages 4) Labour camp / Accomodation 5) Drinking water facility. It should be atleast 100 mtr away from Urinals 6) Latrines and Urinals separate for Male / Female 7) Creches 8) Provision of First Aid 9) Medical check up at regular intervals by Govt medical officer 10) Canteens (250 workers) 11) Safety Officer 12) Identity Card for each 13) Fixing hours of work 14) Fire protection 15) Emergency action plans 16) Health and safety policy 17) Eye protective 18) Dust, Gases, Furness etc 19) Provision of Nets across the site 20) Appropriate, preferably metal scaffoldings PUBLIC PARKING LOT CHECKLIST - Parallel activity at any stage of IOD, CC or OC id applicable 10.1 Proposal submitted to Road Dept, MCGM 10.2 Road Dept sends note to a) Jt CP – NOC b) CFO NOC c) Bldg Proposal NOC d) Urban Dept 10.3 Minutes Approved on HPC (High Powered Committee of MCGM) 10.4 UDD approves in Principal 10.5 Sent to road dept with remarks 10.6 LOI is issued WHY YOU SHOULD TAKE A HOUSING LOAN FROM INCOME TAX POINT OF VIEW.. Section Interest u/s. 24 of Income Tax Act Principal u/s. 80L of Income Tax Act Exemption upto Rs. 1,50,000/- Rs. 100,000 If loan is taken by four family members all will get the income tax benefits. The Gurgaon administration has directed co-operative societies, this month to install good quality CCTV cameras at entry and exit points in all Housing Societies, The footge should be stored for at least 30 days. This is done to ensure that law and order is maintained and theft and burglaries are kept under check. If the same is not acted upon action u/s. 188 of Indian Penal Code will be initiated against the violators. Section 89AB of the Maharashtra Co-operative Soceities Act hereinafter referred to as MCS ACT proposed on or about 15/04/2013 talked about dispute redressal committee to be set up from amongst the members of the society.. This has not been incorporated in the Act enacted on or about 13/08/2013. The implication of the same is there will not be a dispute redressal committee to be set up from amongst the members of the society.
  • 9. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 9 4. SPECIMEN PRAYERS IN CONSUMER COURT. It is suggested that if one has to move against the builder for audited statement of accounts, copies of building plan, conveyance, transfer of property card, obtaining amenities from builder like temple, health club, swimming pool etc. then one should ensure that prayers are appropriately drafted. After the enactment of the Housing Regulatory Act it will be difficult to approach the consumer courts. This is the right time to file case against the builder for conveyance related matters. Prayers should income ad interim prayers. Ask information which will be difficult for builders to share and will increase his work. Eg. Details of all flats sold to investors, Copies of Statutory registers, Call upon the builder to rectify the agreement as per model agreement incorporating the statutory clauses of Form V namely clause nos. 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13 & 22. Also call upon the builder to execute the agreement at his cost and register the same incorporating the Owners as Confirming Party. (please read explanatory notes 1 & 2 of the model agreement Form V which is part and parcel of Maharashtra Ownership Flats Act). This will help in putting pressure on the builder. Highlight instances were huge amounts have been awarded as compensation by courts. Also highlight per day penalty in consumer court cases like Natalia CHS Ltd. and Evergreen CHS Ltd. You may also include the negligence of builders in obtaining building completion certificate which is evident as under. Your notice should have inputs as regards provisions of MOF Act, Development Control Rule for Greater Mumbai, Indian Penal Code. IOD, CC, OC and Building Completion Certificate (BCC) issued by Corporation 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 SHAME ON BMC FOR NOT TAKING ACTION AGAINST BUILDERS JUST 8% BCC ISSUED. The Complainant, therefore, prays:- (a) To hold and declare the Opposite Parties are guilty of deficiency in service and unfair trade practice as per the provisions of the Consumer Protection Act, 1986. (b) To direct the Opposite Paries not to create third Party rights in the Property mentioned in the schedule of property i.e. ALL THAT PIECE AND PARCEL OF PROPERTY SITUATED AT……………………………………………………………………. (c) To direct the Opposite Parties to obtain and give Occupation Certificate to the Complainant. (d) To direct the Opposite Parties to submit details of the steps taken by the Opposite Parties to obtain the Occupation Certificate from the BMC Authorities. (e) To direct that the benefits of the extra FSI, TDR set back available on the plot of land would, exclusively belong to the Complainant/s (f) To direct the Opposite Parties to pay the increase of stamp duty amount on account of increase in the market value of the property for not entering the registration of individual agreements as well as payment of proper stamp duty as per the provisions of Sec. 34 of the Bombay stamp Act, 1958, as well as increase in registration fee on account of non-execution of conveyance within four months from the date of formation of the Society. (g) To direct the Opposite Parties to submit Building Completion Certificate from the BMC Authorities. (h) To direct the Opposite Parties to transfer the property card in the name of the Complainant Society particularly comply with the formality of transferring the property card in the name of the Complainant society. (i) To direct the Opposite Parties to execute the Conveyance Deed in favour of the Complainant/s at their own cost within a time bound schedule of two months. (j) The Delay in filling the application before this Hon’ble Forum if any be condoned. (k) To direct the Opposite Parties to give the details of the Flats that have been transferred by the Opposite Parties during their tenure and refund the amounts collected by the developer at the time of transfer of Flats done by the Opposite Parties as well as the details of the various amounts collected by the Opposite Parties from the flat purchasers prior to formation of Society as well as the details of all the expenses incurred by them above Rs. 500/- in cash and cheque from the date they started the affairs of the management of the building constructed by them as well as the basis as to how they have arrived at the working of the ad hoc amount to be collected by them. (l) To direct the Opposite Parties to submit original documents of title to the property, including.
  • 10. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 10 I. Ledger Abstract of the property i.e. 7/12 Abstract. II. Order issued by the competent authority as per the provisions of the Urban Land Ceiling Act. III. Development Agreement executed by the developer with the land owners. IV. Copies of the Power of Attorney given by the owners in favour of the developers along with the copy of the registration receipt. V. Intimation of disapproval from the Bombay Municipal Corporation Authorities. VI. Occupation Certificate. VII. Building Completion Certificate. VIII. Approved plan of the building. IX. Chain of documents through which the vendor acquired the right, title and interest in the property. X. Non-agricultural assessment order. XI. Non-agricultural tax paid receipts. XII. Title Clearance Certificate from the vendor’s advocate. XIII. Search report for the last 30 years with the search fees paid receipts. XIV. To direct the Opposite Party to hand over to the Complainant the audited statement of account of the promoter’s account and to refund any excess money lying with them. XV. To direct the Opposite Parties to give certified true copy of the cash book and general ledger from the date of first booking till date as well as details of cash expenses as well as cheque payments made by the Opposite Parties during their tenure and the details of the amounts that have been waived of by them from the flat purchasers if any. XVI. To direct the Opposite Parties to give certified true copies of the Statutory Registers, which are required to be statutorily maintained by the Opposite Parties as per the provisions of Maharashtra Ownership Flats Act i.e. Form-I, Form-II, Form-III and Form-IV and to rectify the agreement as per model agreement Form V including the owner as Confirming Party. XVII. The Hon’ble Court be pleased to direct the Opposite Party to pay compensation of Rs. ________/- towards the liquefied damages to enable the Complainant Society to pay stamp duty, registration charges, as well as for mental torture and inconvenience caused to the complainant. XVIII. For costs towards filing of this complaint; Pending hearing and final disposal of the complaint, the Opposite Party No. 1 be restrained by Order of ad-interim injunction from creating third party rights and/or dealing in any manner whatsoever with the plot of land bearing C.T.S. No. _____ Survey No. _______ Village ____________. (m) Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be directed to give to the Complainant copies of all the statutory registers as per Form-I, Form- II, Form-III and Form-IV of Maharashtra Ownership Flats Act 1963 read with Rule-10, sub- Rule-2. With details of the letter of allotment issued by the Opposite Party No. 1 to all the flat purchasers and the amounts taken at the time of transfer of flat by the Opposite Party No. 1 from all the purchasers/sellers of the said flats. (n) Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be directed to give inspection as well as certified true copy of all the expenses incurred by the Opposite Party No. 1 during their tenure for which they have collected and spent money for and on behalf of the Flat purchasers and the basis as to how they have collected the amounts from the flat purchasers with the date from which they have commenced the collection of the amounts as well as the details of the amounts waived of by them from the flat purchasers if any. The Opposite Party No. 1 is also called upon to give the basis as to how they decided to collect the ad hoc amounts from the flat purchasers. (o) Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be directed to give statements of various amounts collected by them at the time of transfer of Flat from the Flat purchasers along with the list of persons in whose name the Flats have been transferred with the date on which the transfer has taken place, amount collected by the Opposite Party No. 1 for the same as well as the details of the expenses incurred by them above Rs. 500/- in cash as well as by cheque from the date they started the affairs of the management of the building ______ constructed by them for which the Opposite Parties have to execute the conveyance of the property in favor of the Complainant No. 1. (p) Ad interim reliefs in terms of prayer clauses l, m & n. IS THIS FAIR? IN COLONIES LIKE GARODIA NAGAR THE FSI THAT HAS BEEN USED IS 1.33. IF THE SOCIETY WANTS TO GO FOR REDEVELOPMENT BMC IS TELLING THE DEVELOPER THAT AS THE BUILDING HAS BEEN DEMOLISHED ONLY CREDIT FOR 1 FSI WILL BE GIVEN FOR UTILISING THE REMAINING FSI (I.E..33) PREMIUM WILL HAVE TO BE PAID.
  • 11. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 11 IF YOU WISH TO BE UPDATED ON PROPERTY RELATED MATTERS AND WISH TO SUBSCRIBE THE CHARGES PER ANNUM FOR THE SAME ARE AS UNDER HOUSING SOCIETY MATTERS Subscription Rs. 1,000/- Cheque should be drawn in favour of SMT. HEENA VINOD SAMPAT Email Id: hsg.soc.sampat@gmail.com (Fortnighly magazine published on the 2nd & 16th of every month) Cheque for Rs. 1,000/- should be drawn in favour of Smt. Heena Vinod Sampat. Email hsg.soc.sampat@gmail.com Mob. 93240 68 689 You will also get one book Co-operative Societieis Ready Recokner 2014 (800+ pages complimentary) in Jan 2014. I 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 Email Id: hsg.soc.sampat@gmail.com Documentation will normally not take more than three hours provided all the necessary information is made available to us. Once assignment is taken and Professional Fees are paid our representatives may be available in different areas of Mumbai City. 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. DEEMED CONVEYANCE IN OUR VIEW IS DOOMED CONVEYANCE. You should approach consumer forum where you can get the property card transferred directly besides daily compensation for not getting building completion certificate. (Please see judgment of Natalia CHS Ltd.+ legal expenses & Malad Evergreen CHS Ltd., + expenses Rs. 65,000/-). In environ emmanual chs ltd order was passed in 128 days by consumer forum. Normally 1 to 2 years. Interim order may be passed in about four hearings. Speed money in deemed conveyance is an open secret ALLEGED by one MP. Inspite of political will a small percentage of the society have got deemed conveyance order. Irrespective of the claim of authorities not even 25 societies in our view have got the property card trasferred in their name till date. Kindly specify the names if the number exceeds 25 in Mumbai. Wanted retired government employees for our assignments.
  • 12. 16 to 30-November - 2013 HOUSING SOCIETY MATTERS Page No. 12 Part time / Full time vacancies exist in our office for Stenographers, Research work RTI Activists Jr. Advocates, Office Staff PageMaker Operators, Translators, as well as for College Students who wish to pursue Law as their carrier and are interested in matters connected with Co-operative Societies, Conveyance, Registration and Stamp Duty. For Details Contact MITHIL VINOD SAMPAT (LAW STUDENT) 3240 21 55. 1. 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. 2. If you find the circular informative, please discuss / distribute the same with / to your members, well wishers. May I also request you to make xerox copies of this circular and give the same to your managing committee members / Active members. 3. We can provide property related updates to press persons on a regular basis to newspapers, persons desirous of the same. Press persons are requested to send their email id, names and mobile numbers. WE WELCOME CONSTRUCTIVE SUGGESTIONS. hsg.soc.sampat@gmail.com NEXT ISSUE MAY CONTAIN DEVELOPMENT AGREEMENT CALCULATIONS (SD) & MISUSE OF POA FSI (FOR CITY AND SUBURBS UNDERS VARIOUS SCHEMES) PRACTICAL SUGGESTIONS FOR CHS LAND MARK COURT JUDGMENTS TOMORROWS NEWS TODAY? SERVICE TAX ON CHS NEW GUIDELINES WITH REGARDS TO REGISTRATION OF DOCUMENTS WRITING OFF OF OUTSTANDING DUES FOUND IRRECOVERABLE WHAT THINGS ARE NOT INFORMED TO FLAT PURCHASERS BY BUILDERS ELECTIONS IN CHS LTD HOW BUILDERS GRAB YOUR OPEN SPACE I.E. RG AREA. INCOME TAX BENEFITS FOR SENIOR CITIZENS WE INVITE THE AUTHOR IN YOU TO SEND US ARTICLES, INFORMATION ON PROPERTY RELATED MATTERS. 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 2nd & 16th of Every Month To, The Hon. Secretary / Chairman, If undelivered please return to EDITOR : HEENA VINOD SAMPAT Correspondence Add: A-901, Sheetalnath Tower, Sudha Park, Shanti Sudha Lane, Near Eastern Express Highway, Ghatkopar (E), Mumbai – 400 077. Tel.: 3240 21 55; Email Id: hsg.soc.sampat@gmail.com ____________________________________________________________________________________________ Printed, Published, Edited and Owned by HEENA .V. SAMPAT, Printed at Hardeek Printer, 79, Khadilkar Road, Gandhi Niwas CHS., Opp. Narayan Wadi, Mumbai – 400 004.and Published from 201, Shrimad Darshan , Plot No.92, Off, Rambaug Lane, Opp. Tilak Road Lions Garden. Ghatkopar (E), Mumbai – 400 077. Editor : HEENA .V. SAMPAT