As per the latest circular dated 1st July 2016 issued by the Director General of Police (Maharashtra), any consumer or flat purchaser aggrieved against the Builders or Developers for
(1) Not making documents (like 7/12 extract, property card, title certificate etc.) available for inspection at the construction site u/s 3 of Maharashtra Ownership Flats Act (MOFA), 1963 (“MOFA”),
(2) not entering into Agreement for Sale with the purchaser after taking 20% advance against purchase of flat u/s 4 of MOFA,
(3) not depositing the amount received as advance in a separate account u/s 5 of MOFA,
(4) not constructing the building/flat as per the plans approved by the sanctioning authority u/s 7 of MOFA,
(5) not applying for forming a co-operative housing society within a period of 4 months of selling of requisite flats u/s 10 of MOFA and
(6) not transferring the land in favour of the Society by a Deed of Conveyance within a period of 4 months from the date of formation of the society u/s 11 of MOFA.
The Circular further mentions that the builder is liable to be imprisoned under MOFA for the above mentioned violations, and hence the police should register an FIR against the builders. A First Information Report (FIR) is a written document prepared by police in India when they receive information about the commission of a cognizable offence.
Earlier police used to rarely book the builders under MOFA citing they are civil cases. The flat buyers were forced to make multiple rounds of civil courts and consumer forums to get back their flats/money. The above Circular is capable of bringing relief to numerous such buyers whose hard earned money has been stuck for years with the builders.
We at SN Legal Advocates and Solicitor – specialize in all legal matters related to property. We can help you file FIR Mumbai Police against such Builders. Please see our Practice Areas for more details.