By Accommodation Times News Service
In a landmark judgment, the Maharashtra State Commission has ruled that even a ‘proposed society’ can approach consumer forum for justice. This will bring relief to lakhs of homebuyers who can now group together and seek redressal. The ruling comes in a case filed by the AR Avenue Proposed Society against its developer Aibani Enterprises.
The order that came on August 12 stated that a ‘proposed society’ has got an entity to file and continue to argue over cases as an association. Irrespective of the status of registration, a proposed society can approach the court for redressal.
In the particular case, the state commission has directed the builder to register the society and give conveyance to the society after registration within a stipulated timeframe of four months.
The case had been filed by the Secretary against the builder for non-compliance with the provisions of the Maharashtra Ownerships Flats Act (MOFA).
According to MOFA, Section 10, a statutory obligation mandated registration of the society by the builder on selling a minimum of ten flats.
Giving perspective on the effect on homebuyers, Uday Wavikar, VP, Consumer Court Bar Association Maharashtra & Goa, told the judgment will provide relief to consumers from errant builders avoiding registration of society.
Speaking on the concept of conveyance within a stipulated timeframe, Uday told that the commission has also levied a hefty fine of Rs 5000 per day on the violation of the rule. The move will curb unauthorized construction across the city.