Tough times ahead for property developers as customers now have the right to lodge an FIR against property developers who fail to adhere to certain legal norms.
Special inspector general police of the state has issued notices to the respective commissioners of every zone to book complaints against delinquent property developers and builders and launch punitive action against them. A circular which was issued by one Mr Prabhat Kumar explains about the stipulations of section three and four under the Maharashtra Ownership Flat act of 1936. This act states that a builder or property developer is held accountable if he does not adhere to certain clauses.
We all know prevention is better than cure so it better to check details of builder and constructions companies before you opt for any project. To put in a simple manner a buyer has the authority to take legal action if there property builder or developer is not adhering to certain stipulations. Here are a few cases where buyers can take legal action.
- If the property developer or builder fails to deliver the flat on a prescribed date to the buyer.
- Fail to issue Certificate of Occupancy by the property developer before handing over the apartment to customers
- If the property builder fails to create a society in four months
- If the property developer fools the buyer by giving them a space which is unauthorised and also if the property developer undertakes any illegitimate activities during construction. So it is better to know the property is in A or B Khata.
- Failure to register the agreement by property developers after pocketing 20% of the flat amount from sale to buyers. In the previous article we have learnt according to the new policy builders can’t retain registration charges of customer go through it if you have missed it.
- Transfer of land not finished in four months in good will of society.
- Failure to deposit amounts in certain accounts which have been approved by flat buyers.
- No approval for construction as mentioned in rule number seven
- Failure to present audited statement of accounts by the property developers and builders.
This major move has not gone down well with the property developers and builders community as they feel they can be mistreated and blackmailed from the buyers. The developers claim it is not only them who are at fault.
The State Societies Welfare Association has been helping buyers who succumb to these kinds of issues. They plan to seek justice against those delinquent builders who have made these buyers life a misery by making them run to various corners to file complaints against them. The DG of police has been very clear in his instructions. Police have to register a FIR in the nearest police station located in that vicinity, and all police stations have been briefed to undertake necessary action against delinquent property developers and builders.
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