MOFA – No conveyance for 21 years – Director of Satellite Developers sentenced to two years jail Builders violate the provisions of the Maharashtra Ownership of Flats Act (MOFA) with impunity. But MOFA contains harsh punishments which aggrieved purchasers of flats do not resort to for fear of retaliation or ignorance or both. The…
Email & Informal agreement are valid – Supreme Court of India Supreme Court on Trimex case – Formality not required under Contract Act The Indian Contract Act, 1872: ss.4, 7 – Concluded contract containing arbitration clause – Valid The Hon’ble Supreme Court (SC) in the case of “Trimex International FZE Limited, Dubai…
Maharashtra Real Estate Regulatory Authority (Maha RERA) RERA has effectively started functioning in Maharashtra. Maharashtra Government had established Maha RERA on March 8, 2017 for regulation and promotion of real estate sector in the state, with its headquarters in Mumbai. The RERA act, lays rules and regulation for the real estate sector. It is…
Duty of Builder : To pay Interest and compensation for delayed possession; builder liable to hand over areas shown open in the original plans (even if the constructions are made with the approval of the Municipal Corporation) and that no fees can be collected for car parking spaces. In CONSUMER CASE NO. 1479…
Separate conveyance must for each housing society on a plot Jehangir B Gai | TNN | Mar 22, 2010, 05.17 AM IST Builder held liable to execute separate conveyance for each society building BACKDROP: It is common to come across builders failing to execute conveyance to retain their hold over the land. This is…
MOFA is applicable to all old projects Ahmed Ali| TNN | Feb 5, 2017, 06.30 AM IST Some Advocates and Police Officers try to avoid filing FIRs under MPFA on the pretext that MOFA has been replaced by RERA. This is not a fact. As today’s news item shows, MOFA is still alive and applicable. MUMBAI: There…
Purchase of two flats does not indicate purchase for Commercial Purpose Till recently, it was considered that a person can occupy only one flat. If he purchases more than one flat, it was presumed that the purchase was for the commercial purpose of investment, and complaints were dismissed. The National Commission has now clarified the law on…
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Consumer Complaint No.CC/13/198 Mrs. Shruti Kirti Laddha, Mr.Kirti Shivchandra Laddha, Both R/at: 15, Staff Quarters, 2nd Floor, Institute of Chemical Technology,…
Probe cases on builders in 90 days, says Bombay High Court THE ASIAN AGE. | KALPESH MHAMUNKAR Published Nov 20, 2016, 1:09 am IST Updated Nov 20, 2016, 7:20 am IST The Bombay High Court expressed surprise that two years has been completed but a charge sheet had not been filed yet. Mumbai: If the police officer investigating…
Builders often drag flat purchasers through a series of litigation to discourage them from approaching courts. National Consumer Commission is discouraging such practice. “Also, it is to be noted that the revisional powers of the National Commission are derived from Section 21 (b) of the Act, under which the said power can be…
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