Definition of 'Flat' MOFA, 1963.
Querist :
Anonymous
(Querist) 04 February 2010
This query is : Resolved
Dear Experts,
I purchased a room directly from a Builder in the Building where the CHS is already formed by the Builder with cooperation.
However, the Chief Promoter is from among the flat owners and not the Builder.
The said room is sold me as 'flat' under an agreement duly registered and is a part and parcel of the Building, managed and matained by the said CHS and
the Bills for maintenace also show it as 'Flat',including property tax bills and electricity.
The said flat is also diplayed in the list at the entrance of the Building by the CHS in the list of flat owners.
The Builder issued letter to CHS to enlist me as member to which CHS also reponded and called for membership form, nomination,agreement etc. under letter, which I submitted.
After one year, the CHS states that they are not able to give me membership since they do not know under what category they shoul enlist me, since the said room has not facilities like kitchen, bathroom, and other amenities and that the Builder has not enlisted the said flat in the proposal while formation of the CHS.
However, there is a facility available in the prmises of the CHS, provided by the Builder for common use. While reading Maharashtra Ownership of Flats Act, 1963, I found that in section 2(a-1) under defination of flat, it sates that even if amenities of bathroom etc. are provided on sharing basis among one or more units, it can be termsed as deemed self contained contained.
However, I seek the Experts Opinion regarding the legal status of the matter concerning the said 'flat' room and the stand I should take against the Builder and the CHS, making them jointly reponsibe.
Raj Kumar Makkad
(Expert) 04 February 2010
Your status is definitely covered under section 2 (a-1) of MOF Act as flat owner and CHS cannot backtrack its earlier act and conduct vide which you were very well were entertained as flat owner and your room also depicts in the list at entrance gate so give legal notice to both and on refusal file a civil/consumer suit/complaint them.
Querist :
Anonymous
(Querist) 04 February 2010
Can I also make the Builder as party in view of the fact that the said CHS is formed with cooperation of Builder and that one of the stand taken by CHS is that the said flat is not listed in the proposal while formation of CHS, and this fact was not disclosed to me by the Builder, while buying the flat, which is now causing unnecessary hardship to me.
Querist :
Anonymous
(Querist) 05 February 2010
Please treat my second question as canelled. I regret the error while reading the answer. I appreciate the guidence provided and I will proceed with the matter accordingly. Thank you.
