Can a cooperative housing society cut off essential supplies like water, electricity to a member? Where a complaint can be filed against the managing committee in such a case?
Anant Sharma, Grant Road
Essential supplies include water, electricity, lights in passage, staircase, lift and conservancy or sanitary services. As per section 12A of the Maharashtra Ownership of Flats Act, the managing committee or secretary or any other person in-charge of the maintenance of the society (manager) cannot cut off, withhold, curtail or reduce any essential supplies enjoyed by the flat owner or occupier without a just and sufficient cause. You may file an application before the small causes court. The order may be appealed before a bench of two judges of the small causes court. If the court finds that the provisions of the said section have been contravened then it can punish the person concerned with imprisonment for a term extending up to three months or fine or both.
Can two members exchange their flats by mutual agreement in a housing society? Will it require the society's approval?
Beena Sampat, Dahisar
Members desirous of exchanging flats are required to duly stamp, execute and register a deed of exchange in compliance with the provisions of the Transfer of Property Act. They shall make a joint application to the secretary giving all the relevant details. Such application shall be placed before the general body and should be disposed of within three months.
I purchased a flat in a project comprising eight buildings. Five of them are completed and part occupancy certificate has been received. However, a society has not been formed as the work of the remaining three buildings is in process. Flats have been occupied by home buyers though the developer is yet to complete the project, including parking in our buildings. Now, the builder is demanding Rs3 lakh for 12 months for maintenance of the building. Can he do so without forming a society?
Kusumita Kane, Mulund
As per the RERA and the Maharashtra Rules framed thereunder, the developer is obliged to submit an application to the registrar for registration of the cooperative housing society within three months from the date on which 51% of the total number of allottees have booked their apartment. You may point out this provision to the developer. In case, the developer still does not form a society, you can file a complaint with MahaRERA against him for violating the aforementioned provision.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
