The division Bench of Bombay High Court while hearing a petition filed by the developer of Mayfair Kumkum building at Andheri West challenging a 2018 order of the competent authority granting a certificate of deemed conveyance to the society ruled that once occupation certificate (OC) is granted and possession is handed over to flat purchasers there is no reason for a builder to delay conveyance.
The judges while deciding the petition stated that, “Once the occupation certificate has been granted and possession has been taken over by flat purchasers and if there arise no justifiable reason to delay in issuance of deed then conveyance deed should be granted in favour of society.” The court further added that where the agreement of sale of flats were done within a period of 2012 and 2015 then conveyance will be granted after five years with inclusive of any computation period if arose.
The aggrieved developers later come up with defence regarding change in FSI (Floor Space Index) rules in Development Control Regulations but court rejected their plea as the amendment was made in month of November 2018 and the developer were to grant conveyance was in May 2018 and the said rules had no retrospective effect.
The Maharashtra Ownership Flats Act 1963 (MOFA) which aimed at protecting the interest of flat purchasers and show in transparency and discipline in transaction of flats by putting a check on malpractices. The judges herein were of view that the developers by not granting conveyance deed infringed the MOFA as the act of developers covered the violations stated in that act.
Later, aggrieved purchaser who were granted OC in September 2014 approached registrar who is competent authority under MOFA seeking relief regarding deemed conveyance. A contention was raised by society that they should have granted deed within four months as per MOFA but later a strong plea was raised by developers stating that argument of society was premature as the sale agreement itself stated the period of issuance of conveyance to be five years which was convinced by Bombay High Court while hearing petition.
Courtesy/By: Renu Kathale
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18 May 2019
