1. The above named M/s. Mithila Puspha Co-op Hsg., Soc., Ltd., having address at Survey no. 359, Hissa no.11(part) and Survey no. 359, hissa No.12 village Bolini, Taluka – Vasai, Dist – Thane (herein after for the sake of brevity and convenience referred to as Complainant Society and the said plots) through its Secretary Shri. Gajanan Wagale, Chairman Shri. Rajesh Wagh and Treasurer Shri. Hitesh Bhatt has filed this complaint against the M/s.Paranjape Builder Pvt., Ltd., and its M.D. Shri. Hemant D.Pranjape (herein after for the sake of brevity and convenience referred to as Opponents) having its regd., office at the above address mentioned in cause title for failing to convey, transfer the above referred plots on which the said four buildings were constructed and thereafter residential flats were sold and possession was given to the various purchaser sometimes in the year 1996. It is contended by the Complainant Society that Opponents have despite Complainant Society Formation and Registration way back in the year 2000 have failed to convey, transfer, assign the above referred said plots of land in favour of the Complainant Society till date by executing and registering Deed of conveyance in respect of the aforementioned plots of land and also alleged the Opponents for having used

... 2 ... (Com. No.636/2009)

substandard low quality material for slab work, flooring, plaster work of the 4 Buildings constructed on the said plots of land. The Complainant Society therefore prays that directions be given to the Opponents to convey the said plots of land in favour of the Complainant Society and to compensate the Complainant Society totally to the tune of Rs. 30,000/- towards mental agony for not handing over conveyance to the Complainant Society till date and for costs of litigation.

2. Pursuant to the issuance of notice of this Forum, Opponent appeared and filed his notarised Affidavit in Reply dtd.02/12/2009 on the even date denying the contentions of the Complainant Society raised in their complaint. Today the above matter was heard. On careful perusal of the said Affidavit in Reply the Opponents in para no. 6 have in categorical terms denied the use of low quality material for slab work, flooring and plastering work due to which the alleged seepage/leakage occurred in the Complainant Society's walls during the rainy season. However it is reflected from para no.8 wherein the Opponents in categorical terms state that the Opponents are ready to the convey, transfer, assign the said plots of land in favour of the Complainant Society situate at the address aforementioned and further it is also seen that Registration Certificate No.TNA/(VSI)/HSG(TC)/12264/2000-2001 dtd.24/10/2000 has been filed alongwith their affidavit. The Opponents had filed a pursis dtd.16/11/2010 which is on record where it is stated that the matter has been settled amicably between the parties and that the Opponent builder in his W/S had agreed to co-operate with the Complainant Society for handing over the conveyance to the Complainant Society and for the Registration of the conveyance deed.

3. We queried the Ld. Advocate for the Complainant he submitted that he is not pressing for the leakage bit since the Opponent builder has agreed to handover the conveyance in favour of the Complainant society as stated by the Opponent Builder in his Affidavit in Reply dtd.02/12/2009. Though the Opponent builder was and is ready to handover the conveyance to the Complainant Society today. However on perusal of the Registration Certificate it is apparent that way in the year 2000 the formation and Registration of the Complainant Society had taken place. There is a delay apparent as per the provisions of the MOFA wherein Section 9 provides that Conveyance is to be handed over within 4 months from the date of registration of the Society.

Sec 9 of MOFA - Period for conveyance of title of promoter to organisation of Flat purchasers

If no period for conveying the title of the promoter to the organisation of the flat purchasers is agreed upon, the promoter shall

... 3 ... (Com. No.636/2009)

(subject to his right to dispose of the remaining flats, if any) execute the conveyance within four months from the date of which Co-operative Society or the company is registered or, as the case may be, the association of flat takers is duly constituted.

[When a promoter has submitted his property to the provisions of the Maharashtra Apartment Ownership Act, 1970 by executing and registering a Declaration as required by section 2 of that Act, and no period for conveying the title of promoter in respect of an apartment to each apartment-taker is agreed upon, the promoter shall execute the conveyance or deed of apartment in favour of each apartment-taker within four months from the date of apartment-taker has entered into possession of his apartment.]

Since there is a delay of about 10 years and only now willingness has been expressed by the Opponent builder to execute the conveyance deed and register the same. We have no doubt in our minds that this continued act of delay of handing over conveyance and Registration of the said deed by the Opponent Builder till date must have caused immense mental agony and shall continue until the said aforementioned plots are conveyed to the Complainant Society which in terms amounts to deficiency in service by the Opponents and also that the Complainant Society was so much so constrained that they had to file the present complaint for redressal of its grievances. We are therefore of the well considered view that the Complainant Society should be compensated for the same.

4. In view of the above discussion. Hence the following order:-

O R D E R

1.The Opponents are is directed to make the conveyance deed in favour of the Complainant Society within 2 months from the date of this order.

2.The Opponents are directed to pay compensation to the tune of Rs.10,000/- (Rs.Ten Thousand Only) to the Complainant Society for mental Agony, torture for the delay caused.

3.The Opponents are directed to pay Rs.5,000/- (Rs. Five Hundred Only) to the Complainant society towards cost of litigation,

4. Copies of this order to be sent to the both sides free of cost.

THANE