PRAVINCHANDRA NAGJIBHAI vs GANESH BUILDERS

APPLICATITON is made on behalf of the O.P. for adjournment, since Advocate incharge is busy. Dispute is filed in the year 1996 and that being so, adjournment as sought cannot be granted.

ALTHOUGH, complainants are not present, we are proceeding to dispose of this complaint on perusal of the material available before us. There are 6 complainants who are the flat purchasers and the O.P. are the builders. Although the complaint has not been drafted in a coherent manner, what we gather is flat purchasers have put into possession somewhere in the year 1988-1989 and their grievance is that the Builders have not executed Deed of Conveyance and taken steps for formation of Co-operative Housing Society as required, which is the statutory obligation of the Builder under the provisions of Maharashtra Flat Ownership Act, 1963.

There are other reliefs claimed, but the main reliefs are to the effect as above. O.Ps. have filed the written statement and they have raised various pleas, which are of technical nature.

ON the main point of execution of Deed of Conveyance and formation of the Co-operative Housing Society, it is asserted (refer para 2(b) of the written statement) which we reproduce : "I further say that the payment of stamp duty and the registration charges are absolutely the duty and obligations cast upon the allottees and purchasers. Having committed default by themselves, by non-payment of stamp duty, the complainants cannot take advantage of their own wrongs and cast the burden upon the opposite party."

The grievance of the Builders seems to be, which will be clear from the extracted part of their written statement, that the complainants are not paying the stamp duty and registration charges. It is to be stated that, it is the statutory obligation of the flat purchasers to pay the said charges and if they have not paid, we are providing directions in the operative clauses of the order.

AS far as formantion of Co-operative Housing Society is concerned, in paragraph 4 of the written statement, the Builders plead that the members/flat purchasers are not co-operating in the matter of registration of the Society. However, it is not clearly made out in what way the co-operation is not extended. More so, when the complainants/flat purchasers have approached this Commission with a prayer that the Co-operative Society of the flat purchasers be constituted. Following points, therefore, would arise for consideratin : (1) Whether complainants are consumers and entitled to file the dispute herein? (2)Whether complainants prove the Builders being deficient in not complying with the statutory obligation of execution of Registered Deed of Conveyance and formation of Co-operative Housing Society? (3) What reliefs the complainants will be entitled to?

Our findings on the above point are as under : (1) Yes (2) Yes (3) As per order. Point No.1 : This point need not detain us any longer, since the pleadings clearly show that the complainants are the flat purchasers and the Agreements have been executed with the respective complainants by the Builders. It is to be stated that even in the written statement. Builders have mentioned about the Agreements, etc. What is more, the Builders themselves say that the rights of the parties are governed by the provisions of Maharashtra Flat Ownership Act, 1963. Housing construction is one of the categories of service which is incorporated under Section 2(i)(o) of Consumer Protection Act, 1986 and dispute in the nature herein, therefore, would squarely fall under the said category and that being so, it is held that the complainants are consumers. Point No.2 : Execution of Deed of Conveyance and formation of Co-operative Housing Society are the statutory obligations of the Builders under the provisions of Maharashtra Flat Ownership Act, 1963.

It is true that the Builders have made grievance that the flat purchasers have not contributed for the payment of stamp duty and registration charges which is their obligation under the Statute. We are in agreement with the stand taken by and on behalf of the Builders on this count.

SINCE the flat purchasers have not contributed their shares for the payment of stamp duty and registration charges, builders cannot be faulted with in taking steps for registration. Nonetheless, the complainants have made reference to the correspondence in their complaint repeatedly requesting the Builders to take steps for the execution of Registered Deed of Conveyance.

SINCE there is also contributory negligence on the part of the flat purchasers and although there is lapse on the part of the builders, we are not saddling the builders with any compensatory payment to the complainants, but we are directing that builders shall take steps to recover the amount towards the stamp duty and registration from the flat purchasers and take steps to have the Conveyance registered in the matter. Similarly, Builders shall also take steps to form the Co-operative Housing Society as is required under the Statute as also the Agreement. Hence the following order : ORDER 1. O.P./Builders are ordered and directed to execute the Conveyance named by the complainants in respect of the property in question. 2. O.P./Builders would be entitled to recover the charges towards the stamp duty and registration ultimately payable for the purpose from the flat purchasers/complainants. 3. O.P./Builders shall also take steps to arrange for formation of Co-operative Society of the members/flat purchasers and flat purchasers to co-operate in that respect. 4. As far as this complaint is concerned, no order as to costs. 5. We are providing 6 months'' time to the Builders as also complainants for compliance of the order as above. 6. Complaint stands disposed of. 7. Copies of the order herein to be furnished to the parties.

Complaint disposed of.