"I bought a small ‘ready to use’ flat from a promoter which was registered on 07/03/2006. Now as I intend to get it mutated by the Municipal authority, the municipal counselor of my Ward argued that the stated flat has been constructed on a parking space and thus endorsed as “Recommended for Mutation, subject to conversion of the Parking space”. Eventually the Municipal authority has also acceded to the recommendation of the Ward Counselor and my mutation got stuck.
The promoter has also been issued me with a "Completion Certificate" on 26/05/2006. Now I seek guidance as to whether penalty if any needs to be imposed on me for any irregularity or procedural lapse on the part of the Promoter, or the Municipal authority and the Ward Counselor too( who is also a party in the process of issuance of Completion Certificate)? Eventually, the Completion certificate was issued, against Notice of Completion by the Promoter to the Municipal authority on 22/02/2006, By this time the well decorated flat was very much in place wherein a wholesale medicine business was being conducted by a Gujarat based Business House against rent from me and also with a Trade License from SDDM issued on 13/02/2006. In fact, as a lump sum amount as advance for the Flat, was already paid to the Promoter from my personal means, prior to my availing the Bank Loan, for making the residual payment to the Promoter while registration, the Promoter handed over the unofficial possession of the flat as a good gesture. Bank authority granted the Loan after going through all the process of their physical inspection of the Flat and adopting Legal scrutiny and granted the Loan after their full satisfaction. As a precaution however, in view of the reason that the Bank also detected that the flat was constructed on a parking space as per the original sanction, the Bank disbursed the Loan only after inspection of the flat by the Municipal authority on 22/02/2006 was over, reportedly knowing from the promoter on inspection completion without any embargo, the Bank made the disbursement to me on 06/03/2006 for due registration of the property on 07/03/2006.
Regarding my statement that a wholesale Medicine business with a well decorated Office with prominently business hoarding, being conducted by a Gujarat Businessman, was very much in place prior to the date of inspection by S.D.D.M., I wish to exhibit the following authentic evidences, to redress my request for mutation.
The proprietor of the Business, who was running his wholesale medicine Business on the flat in question, obtained Trade License from SDDM on 13/02/2006. He also applied for Drug License, Sales Tax, C.S.T. VAT Registration. The Drug Inspector and the Asst. Controller of Drug conducted physical inspection two different dates before the date of the Municipal inspection and being satisfied, issued the license on 07/04/2006. However the VAT registration took several months and was issued registration on 05/09/2006.
From my aforesaid submission of information, it is evident that the flat in question located at the very entrance, was very much in place while inspection for issuance of Completion certificate was conducted. There is absolutely no room for inadvertent mistake of overlooking the existence of the flat by the Inspection authority. Thereafter when the Completion Certificate was issued by S.D.D.M. on 26/05/2006, whether in any way I may be held responsible for a conversion of parking space, as mentioned? My enquiry with the Promoter, revealed that everything is in order as he has obtained the “Completion Certificate” after due satisfaction of all required obligations at his end for due satisfaction of the S.D.D.M Authority at his end.
I request opinions of the learned person as to what should be my further course of action, as I am not agreeable to pay any penalty in view of the reason stated in details.
