Legal Question in Real Estate Law in India

Dear Sir,

I recently purchased a flat in Vikhroli west directly from in the builder in Mumbai. The flat was on ready possession and is first sale from builder to me. Society is also formed.

When I asked for membership to the society they have told me to pay a fee of rs 100 PSF for built up as development fund totaling to rs 93000 on a 930 sf built up area (carpet is 670).

They say its a resale, as the society had the builders company as a member and this is not a sale from builder to owner. I think this is illegal.

I would like to request for advice and information on how to tackle this issue ? Is ity legal for them to ask for this money specially when builder had kept this flat unsold and then sold to me first time (registration done)? Should I also approach the builder ? Should they charge on built up or carpet? Should I contest or pay. Is there a law regarding this.

Please advice.

Thank you!


Asked on 5/13/14, 8:06 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.05.2014

Dear Sir / Madam,

The Society is only entitled to charge Transfer Fees of Rs. 25,000/- or an amount not exceeding Rs. 50,000/- as per the Maharashtra State Co-operative Societies Act. No such Development Fund amount can be charged by the Society to you as there is no law permitting the Society to charge such an amount from an incoming member. If they do not complete your membership formalities, you should lodge a complain against the Society to the Registrar of Co-operative Housing Societies, Griha Nirman Bhavan, Kala Nagar, Bandra East, Mumbai-400051 for redressal.

Regards,

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Answered on 5/14/14, 6:04 am


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