10 July,2011 06:54 AM IST | | Ravikiran Deshmukh
Prospective flat buyers in Maharashtra may not have a lot to cheer about in the second half of the current fiscal year, even though the state government is planning to introduce an amendment bill to Maharashtra Flat Owners Act, 1963, in the upcoming Monsoon Session. The amendment proposes setting up of a three-member panel headed by a retired judge to deal with grievances of the buyers.
As per the new bill, the panel will have a status equivalent to that of a civil court and will have the powers to penalise the offenders. The three-member proposed body is also expected to prescribe an advertisement code and ensure that the promoter delivers on promises.
The bill has provisions that make it mandatory for builders to register with the panel. It also makes it mandatory for the builders to upload all the details of the housing project on sale on the panel's website. However, as per sources in the state administration, the State Housing Department is yet to complete certain procedures, which may cause a delay in getting the necessary approvals before the bill is brought to the assembly that convenes on July 25.
The proposal is currently with Chief Minister Prithviraj Chavan and after his approval, it will be passed on to the state Cabinet for approval and introduced to the state assembly, an official said. The proposed authority will hold the builders accountable and address issues like delay in handing over possession of the flats. It will also check the quality of construction and make sure that the builders provide buyers with all the promised amenities.
The contentious issue of who will bear the expenses of the authority was resolved recently and it was decided that Maharashtra Housing and Area Development Authority would bear most of it, the source said. Sources pointed out that even though the Minister of State for Housing Sachin Ahir made an announcement of tabling the bill in the upcoming monsoon session, the concerned file is yet to reach him.
Provisions of the amendment bill
A builder will be able to sell flats only by carpet area and not by the built up area. A builder who advertises about a project without registering with the housing authority will be liable to pay penalty. After the registration a builder will be given a password and subsequently he will upload information of his project with details such as proposed time limit to complete the project, amenities to be provided etc. Mandatory conveyance of a building within four months of registration of the co-operative housing society. Mandatory registration of a co-operative housing society once 60 per cent of the flats in a building is sold. If the builder fails to cooperate for the registration or conveyance, the concerned society can approach the competent authority for deemed conveyance.
