Residents of a posh housing society in Mahim were told in September last year that MOFA was no longer an Act, even though it is yet to be repealed
Our Lady of Vailankanni and Perpetual Succour Cooperative Housing Society in Mahim. Pic/Sneha Kharabe
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It has been over six months that residents of a posh housing society in Mahim approached the local police station to register an FIR against the builder and four others under the Maharashtra Ownership Flats Act (MOFA), but the police are yet to take any action.
Also read - Mumbai: Builder arrested for selling redeveloped flats of allottees in Goregaon housing society
This happened even after the Maharashtra Police directed all police stations across the state to register complaints against errant builders in July last year.
No conveyance in 12 years
In a letter to the commissioner of police on Monday, Our Lady of Vailankanni and Perpetual Succour Cooperative Housing Society said it had given a written complaint on September 29, 2016, to the senior police inspector of Mahim police station, asking him to file a criminal complaint against the builder and four others under MOFA, for not handing over conveyance to the society in the past 12 years.
The letter also alleges that when society members approached the police four days later, Assistant Police Inspector JB Tamboli told them that MOFA was no longer an Act and that he would get back to them after seeking legal opinion. "Surprisingly, till date, no action has been taken and probably, the Mahim police station is aware that MOFA will be replaced by Real Estate (Regulation and Development) Act (RERA) from May. Hence, they are deliberately not registering an FIR," reads the letter.
Criminal lawyer Arcanjo Sodder, who is also the secretary of the society said, "Conveyance needs to be transferred within four months of formation of the society. It's been 12 years and we still haven't got it. If MOFA is going to be repealed from May, then all the people whose flat purchase agreements are covered under it may not have a remedy."
'Need to recheck docs'
Tamboli said he needs to re-check the documents submitted last September "since it has been a long time". "I can say something only when the documents are in front of me. However, in some cases, if the matter is with the court, then the police cannot interfere."
Builder speaks
Thomas Rajan, managing director of Suraj Estate pointed out that buyers were fully aware that they were purchasing flats under a redevelopment scheme. "The society has filed a case in the city civil court demanding conveyance. The court has to decide the quantum of land the society is entitled to. Only then can the issue be settled. Also, conveyance has to be given by the owners — St Michael's Church — as we are only the developers of the society."
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