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Devendra Gosar (abc)     09 February 2021

Developer not cooperating for agreement registration

Hello Forum!

My mother (age 83) owns a flat in a redeveloped society of three buildings, in a Mumbai suburb. The redevelopment agreements were signed by the society in 2007 and then again 2011. The possession has been handed over to all members in early 2018. Since then most of the members have got their agreements signed and registered, last batch of five owners completing that in end of Dec 2020.

My mother lives with my sister (age 52, single). My sister has been following up with the developer and the society office bearers since August 2020 for providing agreement documents so that registration can be completed. She was provided with a document just one day before five other owners completed their registration. My mother was in Pune then and we could not get her to Mumbai at last minute because of her fragile body.

Now, we have been following up with the developer to provide documents with revised date and information on stamp duty that is due to be paid (as the document received in Dec has no numbers in it whatsoever). The developers contact person kept promising to provide the document multiple times but that never happened. Since past one week, he does not answer any calls or messages. We suspect that developer and some society members have kept grudge about my sister asking some queries about the redevelopment agreement 10 years back.

I wish to understand if there any ways to get this to closure. Which authorities can help us with directing the developer to facilitate the agreement and its registration?

With best regards,

Devendra.



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 February 2021

Hello,

You can approach the consumer forum and file complaint against the builder. Consumer forum may direct the builder to register the document and also grant compensation for harassment. 

Nikita Parekh   09 February 2021

Start creating evidences by writing to the developer in respect of pending registration of your unit.

If not accepted in person, send it to the registered office of the developer.

For any further legal recourse in regard to drafting you may get in touch through email nikita.parekh75@gmail.com

Devendra Gosar (abc)     10 February 2021

Thank you sir for promptly responding on my query. Much appreciated. 

I am considering this option now. What kind of supporting information/evidence/documents the consumer forum will need for entertaining this grievance? 


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