Options for conveyance
ars
(Querist) 07 April 2012
This query is : Resolved
I understand that there are three options avaiable for the conveyance of the land of the CHS.
1. Direct conveyance with the builder / developer.
2. through the deemed conveyance procedure
3.through the court procedure vix. consumer court.
The first optinons seems difficult in our case. hence we have to select ether the 2nd or 3rd options.
Questions:
a) whether there is any other option available, apart form above three ?
b) What are the cost involved ?
C) what is the time periiod requied under each of them ?
d) what r the documents required under each of them ?
e) which kind of the professionals suitable to be hired under each of them?
ajay sethi
(Expert) 07 April 2012
if builder has failed to furnish conveyance even after selling of flats you can approach consumer forum for deficency in service . builder will be directed to furnish conveyance and also pay compensation .
it may take 2 years or so . engage a local lawyer . costs vary depending upon legal fees , out of pocket expenses
ajay sethi
(Expert) 07 April 2012
1.Make an application in the prescribed form by affixing Court fees of Rs.2000/- to the District Deputy Registrar( Competent Authority with necessary documents related to land and building like property card/ 7/12 extract, Approved Plans , copy of agreements with the Developer etc.
2.District Deputy Registrar to Scrutinize the applications and notice to the parties, etc.Â
(1). Registration of applications. –
(a) On receipt of an application, the office of the Competent Authority shall endorse on it the date of its receipt and shall as soon as possible, examine it and satisfy itself that the person presenting it has authority to do so and that it conforms with all the provisions of the Act and the Rules made there under.
(b) If the Competent Authority is satisfied that the application is complete in all respect, it shall cause the application to be registered, as admitted, in the appropriate register maintained under these Rules.
(c) If the application is not complete, the Competent Authority may send notice to the applicant/s to rectify the defects or comply with such requirements, as it may deem fit to conform with all the provisions of the Act, and these Rules, within a period of fifteen days of the receipt of the said notice. The Competent Authority may, for sufficient cause, may give further extension of not more than fifteen days to comply with the requirements.
If the above defect in an application is rectified, the Competent Authority shall cause it to be admitted and register the application in the appropriate register.
3. On admitting the application, the Competent Authority shall, within a period of fifteen days thereof, issue a notice the opponent/s requiring him/them to file the written statement on the day, date and place as may be specified therein. Such notice shall by served on the opponents by registered post acknowledgment due or under certificate of posting on the last known address.
4. Appearance of parties and consequence of non appearance.-
(a) On the date fixed as aforesaid, the opponent shall appear either in person or through his Advocate or his authorized Representative before the Competent Authority and shall file a written statement.
(b) On the date of hearing, if the applicant appears. and the opponent or any of the opponents, does not or do not appear, as the case may be, the Competent Authority shall decide the Application ex-parte:
Provided that, before deciding the Application, if the Opponent appears and shows a sufficient cause for his non-appearance on the earlier occasions, he shall be heard in the matter as if he had appeared before the Competent Authority on the first day.
(c) If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the applicant does not appear either in person or by his Authorised Representative, when application is called for hearing, the Competent Authority may dismiss the application.
(d) If, on the date fixed for hearing or any other day to which the hearing may be adjourned, the Opponent/s does/do not appear either in person or through his/their Authorised Representative, when the Application is calIed for hearing, the Competent Authority may decide the same on merits after hearing the Applicant or his Authorised Representative, if present.
5. Production and inspection of documents.-
(a) The parties shall file the documents referred to in the pleadings at the time of filing application and written statement, as the case may be. If either party satisfies the Competent Authority that any document is relevant and the same is in the custody of the opposite party, the Competent Authority may, by an order in writing, direct such party to produce such document on the next date of hearing.
(b) If the party so ordered, fails to produce such documents on the next date of hearing, the Competent Authority may draw adverse inference against such party and hearing of the original application shall not be postponed till filing of such documents or for the reasons of such non compliance of the order
(c) If the Competent Authority is satisfied that the documents required to be produced, cannot be brought before the Competent Authority for sufficient reasons like its volume or otherwise, the Competent Authority may allow the opposite party to take inspection of the documents within seven days from the date of order Of such inspection.
(d) If the Competent Authority is satisfied that the opponent had no access to the documents earlier and the filing of additional statement is necessary, it may allow the filing of such additional statement.
6. Procedure for hearing the application.-
(a) On receipt of the statement of the opponent, the applicant shall prove contents of the application and also deal with the contention of defenses. The opponent likewise may file reply in support of the defense on the next date, if he so desires. No cross-examination of any of the parties shall be permitted.
(b) On receipt of the replies, the Competent Authority shall proceed to hear oral arguments of t e parties and after hearing shall close the proceedings for the order.
(c) The Competent Authority shall, within reasonable time and in any case not later than six months from the date of receipt of the application, after making such enquiry deemed necessary and after verifying the authenticity of the documents submitted by the parties and after hearing them and giving the parties sufficient opportunities as required under the Act and the principles of natural justice, pass such appropriate order as it deems fit, as provided under the Act.
7. After obtaining the deemed conveyance order, the same need to be stamped and registered and get the property card/ 7/12 extract changed in the name of the society.
V R SHROFF
(Expert) 08 April 2012
1.DEEMED CONVEYANCE IS NEWLY APPROVED SCHEME , IN NON CO-OPERATION OF BUILDER.
2. WITH BUILDER'S CO-OPERATION, IT IS FASTEST & CHEAPEST.
You must file Criminal Complaint, under MOF act and Builder can be jailed for not completing Conveyance within 4 months of Registration of Society. Fear is the Key, For Fast & Cheap conveyance,
3. u can move Consumer Forum, It all depends on how fast you can move,
4. Civil suit is last remedy. Very slow , may takes many years.
