The Brave Pedestrian

29 th May, 2016, Mumbai: If the Development Agreement is well drafted, then flat-owners are safe, right? Well-drafted contract documents protect the flat-owners if the builders don't honour the contract, right? NO, WRONG! A well-drafted agreement doesn't give you automatic protection; it gives you the LEGAL RIGHT TO FIGHT to dismiss or penalize a non-performing builder... but you will definitely have to wage a legal battle, and your society will be your enemy, not your supporter. Why? REASON NO. 1: NO SUO MOTU ENFORCEMENT. Law enforcement agencies and courts are not required to act suo motu to defend your individual legal rights. Therefore, you have to go to great lengths to convince enforcement agencies and/or courts that (a) you have a certain right under the contractual agreement (b) your right has been violated and (c) you (and not just your society) are a party to the contract. Each of these points have to be proved by you, otherwise your complaint is summarily ...

The main center of corruption in any Redevelopment scam is the managing committee of the housing society. Often managing committee members betray the society members’ trust by unduly favoring a particular builder. They barter  away the society’s bargaining points for money and favours. On 3rd January 2009, Govt of Maharashtra’s Co-operation Department issued strict guidelines for redevelopment. This is contained in Circular No. CHS 2007/CR554/14-C. It contains a Directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 for Housing Societies in Maharashtra regarding procedures and safeguards to be followed by societies seeking redevelopment. Corrupt office bearers who collude with builders usually violate these guidelines. •    REDEVELOPMENT CIRCULAR IN ENGLISH: http://tinyurl.com/English-Redevelopment-GR •    REDEVELOPMENT CIRCULAR IN MARATHI: http://tinyurl.com/Marathi-Redevelopment-GR You can try and stop the process by exposing bre...

Cooperative housing societies are really “Uncooperative” housing societies. Argumentative flat-owners, habitually opposing one another, usually accept whatever clauses the developer and his lawyers include – and therein lies the tragedy. The builder usually gives Financial Bank Guarantees, which are more generalized and less safe than Performance Guarantees, and succeeds in safeguarding his own commercial interests, while making a fool of the society and its members. Housing societies, their office-bearers and their members generally have no idea of the financial risks that are being loaded on them. Chronically unwilling to spend money on and accept advice from serious legal professionals (as against aloo-chaaloo advocates), they accept unnecessary risks with a fatalistic statement: jo sabka hoga, woh hamara hoga. (Only those who have been living away from their houses for many years – usually without rent-allowance from builders – have any idea of the seriousness of these dealings...