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Ganesh   30 September 2016

Mofa

Ours is a Co-operative Housing society in Mumbai. Even after five years of the registration of the society, the builder has not given the conveyance. The General body in one of its AGM passed a resolution to initiate legal action against the builder to obtain the conveyance. Accordingly the society will be initiating complaint against the builder in the Consumer court. I would like to know whether under the same resolution passed by the AGM, the society can file a FIR against the builder under MOFA. The resolution by the General body was to initiate Legal action. Whether filing FIR in the near by Police station is fitting into the above resolution by the General body or Do we have to pass a separate resolution in the AGM regarding the FIR under MOFA. Please clarify.


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 2 Replies

adv.bharat @ PUNE (Lawyer)     30 September 2016

Ganesh u can resolve this issue by doing deemed conveyance before society registrar.

As AGM had allready passed by your society organization for doing conveyance same is used as evidence for initiating action.

If u like my suggstion then give THANK my profile.

Ganesh   03 October 2016

Sir, I think you have not understood my question. I was enquiring whether the society can File a FIR in the nearest Police Station based on the resolution by AGM or the AGM needs to pass a sepearte resoltion clearly mentioning about lodging FIR under MOFA act.  I would like to know whether approaching the Consumer court and  lodging FIR under MOFA are fitting into the resoltion made by the AGM to initiate legal action against the builder.


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