Chsguru Answers Archive Pack 2

ChsGuru Answers

Welcome to ChsGuru’s Answers:
        Answers to your queries on Co-operative Law as posted in Free Query’s* section on
What is the procedure for removing old auditor and appointing new auditor of a CHS?
Narayan. Bhide.
Dombivli East – 421 201.
A Statutory Audit has to be appointed every year in the AGM. To change the old Auditor you will have to pass a resolution in the General body meeting.
Dear Sir, I wish to know if there is any legal way to both flats and take it under the society, so that buildings inner and outer maintenance can be carried out. Both these flats are locked since the past ten years. Thank you.
Simon Anthony.
Kalyan East – 421 306.
What we understand from your query is that the said flats are closed since 10 years, you want to carry repairs & whereabouts of the owner are not known. You need to follow a certain process under the law before Open/ Break locks of the flats, which involve passing a resolution in GB, approaching Local Police station for panchnama for carrying out the required repairs, take help of Co-operative Advocate. You can consult our Attorney.
Dear Sir, We book under construction flat in march 2010 and made agreement in June 2010 for the agreement value of Rs. 1025000/-. Builder gave us possession and hand over society on Aug.2011. Now the builder demanding us the service tax and vat amount to each member. But when I search on internet I found that the service tax is exemption when agreement value is below 20L. So please give us the guidance.
Kiran. Patil.
Raut Chawl, Badlapur (West)
With effect from 1st July, 2010 a person booking the flat under construction has been subjected to Service tax in respect of the services provided by the builder on or after Dt. 1/7/2010. The Service Tax is payable by him if the flat is booked in a residential complex having more than 12 flats. Further the low-cost housing segment (property worth less than Rs. 20 lakh) is exempt from service tax when the same is rendered as part of Jawaharlal Nehru national Urban Renewal Mission (JNNURM) and Rajiv Awaas Yojana as per Notification No. 28/2010 dated: 22nd June 2010.
In Mumbai, the sale of a flat is governed by Maharashtra Ownership of Flat Act (MoFA) 1963. The model agreement is recommended under the act for drafting the 'Agreement for Sale'. What if the agreement is not drafted as per MoFA and is not taking care of the interest of buyers? Where can we seek recourse/lodge complaints, if developers are drafting a biased agreement favoring them and imposing stringent one-sided conditions on buyers? Is there a system to check that agreements drafted by developers are two sided?
Mr. Anil. Sane., Mulund West.
You have the option not to accept the one-sided agreement. You can write to the CCI providing information about the abuse of the dominant position by the builder and his imposing unfair conditions or price. During the course of inquiry, the Commission can pass an interim order restraining the builder from continuing with anti-competitive agreement or abuse of dominant position.
I have bought a 3BHK flat on the sixth floor of the apartment. The building is of seven floors. After initiating the deal, I learned that the builder has not yet received Occupation Certificate for 5th, 6th and 7th floor although it is approved in the sanction plan by Municipal Council. That is the reason the builder has not been able to create the Society. What could be the reason for not getting the Occupation Certificate for these floors? What are the consequences? What action can we take against the builder?
Mrs. S. D. Sawant.
Sion, Mumbai – 400 022.
The Occupancy Certificate is a very important document. It evidences the completion of the building as per the approved plan and compliance of local laws. Local bodies like city corporations/ city municipalities issue occupancy certificates. You should send a legal notice to the builder.
I have purchased a flat about 2 years back in a society at Santacruz (East) and ever since the so called committee has not held an AGM for the last 2 years and not furnished the accounts, though the maintenance charges are being collected regularly. Please guide what action we, a few members, can take against the committee, even if we are in minority?
Shri. Nitin Lalan.
Kalina Village, Santacruz (E), Mumbai.
The AGM has to be held on or before 14th August of each year or within the maximum extended period of six months as per Section 75 of the Maharashtra Co-operative Societies Act and the annual report of the managing committee with the statement of the accounts etc. have to be circulated in the general body meeting. In case of failure, the matter may be taken up with the Office of the Registrar of the Co-operative societies for necessary action.
We are five brothers and sisters, surviving out of total nine children to our parents. I am the single nominee of the Co-operative Housing Society flat. We all want to form a private Trust. Will this immoveable property into a newly formed Trust invite any stamp duty? Can only five of us surviving children together form a trust by giving indemnity bond for other expired legal heirs?
Jiten. Bhatt., A.K. Marg.
The property shall be shared by “the surviving Legal Heirs” only. First, form a Trust and then bring the property into its fold.
Sushil. Rawat., Kandivali.
If insertion of name is to be done in the Agreement, you need to apply to the Seller (builder/promoter) for this. Every builder has his own set of rules.
Shri. O.P. Nair., Malad.
The Builder never responds to society’s letters, your building is more than 30 years old, you have some balance FSI & you also want to go for redevelopment. Start following process immediately: Send Legal Notice to the builder through Advocate practicing in this field, Start the process of Deemed Conveyance, If the Builder resort in pressurizing tactics file a case against him in Consumer Court, meanwhile take care of the property. You cannot use FSI till date you obtain conveyance of the property in society’s name. You can consult our Attorney.
Mr. Sudhir. Naik. Mulund.
Why is the society not making you a member? Do you have some dues pending? Why not sit and talk with the society? If the society is still adamant, take Help of Co-operative Advocate, issue a Legal Notice & proceed for deemed membership immediately. Why are you ignoring this for over 10 years, in absence of membership your title to the Flat is not clear.

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