By Accommodation Times News Service
Builders can get into more tough times and legal complications as the new circular issued will keep check on them from fleecing flat buyers and flouting norms.
The state Special Inspector General of Police has issued a circular to commissioners of all zones to register complaints against the errant builders/developers and initiate a penal action against them. The circular issued by Prabhat Kumar said, the move was prompted after a delegation of activists made a representation to the DG enumerating the various laws under which the police can initiate action against the builders. The circular issued by Mr. Prabhat Kumar has referred to clause 3 and 4 of the Maharashtra Ownership Flat Act, 1963 that highlights various grounds on which the builder can be held liable.
Explaining it in simplest way all the flat buyers who are suffering from errant developers can lodge a FIR against him in the nearest police station as per the circular on failures of such condition-
1. Failure to Handover flat on time as committed
2. Occupancy Certificate not given to building before handover to buyers
3. Society not formed within 4 months
4. Illegal floors and construction by builders and cheating them by giving unapproved areas
5. Not registering agreement after taking 20% of the amount from flat purchasers
6 Conveyance of land not done in 4 months in favour of society
7. Non depositing amount in separate account which have accepted from flat buyers (Rule 5)
8. No construction as per sanction plan (Rule 7)
9. Not giving audited statement of accounts.
The big move has received a mix reaction and a very negative reaction from the builders’ fraternity airing fears of it being misused for extortion and blackmail by vested interest. However they have to say that the order will act as a detriment and will be used as a tool for blackmail by vested interests. They say that the developers are not alone cheater and responsible for delays or violations as at times the relevant authorities used to keep the matter pending. It is also not that the developer is guilty.
Welcoming the order, the Maharashtra Societies Welfare Association (MSWA) explained, “There have been many flat owners who end up running from pillar to post to lodge complaints against the builders, but are unable to do so due to several legal hassles involved. MSWA has been helping such people get justice till now. However, with theDG of police issuing a clear order in this regards, police has to register an FIR in the nearest police station as all police stations have been advised to take necessary FIR against such erring or defaulting developers and builders.”
If the officer of police station is not registering FIR then please note down his Name, Designation, Buckle No., Date, Time and make complaint to the Director General of Police by Speed Post and give a copy to the Police Commissioner.