A builder's firm in Ulhasnagar is making its buyers sign agreements accepting that if the property runs into any problems, the builder will not be held responsible
A builder's firm in Ulhasnagar is making its buyers sign agreements accepting that if the property runs into any problems, the builder will not be held responsible
Consider the situation: after much toil and trouble, you finally find your cosy nook in the city. Prices seem manageable, and you ask your agent for an agreement that will finally make you proud owner of your very own dwelling. But to your dismay, you find a clause in an obscure corner of the agreement that tells you that in case the local municipal body initiates any action against the flat, the builder will neither be accountable for it, nor intervene in the matter. Scary, isn't it? Now consider further, that the flat you so want to own is located nowhere else, but in the country's illegal building capital, Ulhasnagar. Terrifying, isn't it? 
Troubled tower: Sai Ram Apartments in Ulhasnagar, built by the firm
Shree Laxmi Enterprises
In Ulhasnagar number 4, a builder's firm is asking its buyers to sign agreements with a clause saying that the firm will not be liable for any action that is taken by any municipal or government agency, once the property is handed over to the buyer.
The building under question is Sai Ram Apartments in Ulhasnagar, built by the firm Shree Laxmi Enterprises. The firm claims that they have incorporated the clause in order to ensure that they are not held responsible or penalised by the authorities for alterations done to the apartment by the owners.
Sachin Ahir, state housing minister, claimed that there are many buyers who are willing to enter into such deals and sign agreements with builders, in their desperation to acquire the property. "Whatever clause has been put in the agreement is between the buyer and the builder. But the builder can always be held accountable for problems cropping up, as per provisions in the Maharashtra Ownership of Flats Act (MOFA)," he said.
Expertspeak
According to advocate Vinod Sampat, the MOFA Act decrees that even after handing over flats to buyers, the builder is accountable for any problems that crop up. "The act holds the builders accountable for any problems cropping up in the building due to their oversight or negligence. By inserting this clause, the builders are trying to shirk responsibility," he said.
The Other Side
Vinod Moryani, one of the partners with the firm said, "I signed the document, but am not aware of any such clause." However, another partner, Haresh Dhanwani said, "We have inserted the clause because flat owners often make alterations to the flats, after gaining possession of the property. We do not want to be held responsible for any such changes, in case the corporation objects to these alterations."
However, these specificities are not mentioned in the clause, suggesting that the builders are trying to transfer the burden of responsibility for any problems onto the owners. When Dhanwani was informed about the MOFA Act and the minister's comment, he said, "We will keep this in mind when we draw up our agreements in future. What we mean here is clear - the buyer cannot unhesitatingly make any alterations he wishes without facing the consequences."
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