Apartment delivery date in deed and point of time to maintenance charges

Builder must specify delivery date in deed and pay all outgoings including maintenance charges before purchaser takes the possession of the property after issuance of the completion certificate

A property developer is legally bound to mention a firm date of delivery of possession of flat in the agreement for sale with the buyer. Such dates cannot be the date before the developer secures completion certificate for the property from the local body.

The National Consumer Disputes Redressal Commission (NCDRC) has held this in a significant ruling, which also upheld the flat purchaser's right to inspect title deed documents, approvals to building plan and layout and encumbrances on property before signing an agreement with the builder.

The ruling by a two-member bench of Justice VK Jain and expert member BC Gupta on May 6 reaffirmed the developer's legal obligation to specify in each advertisement or brochure, the common areas and facilities available to all apartment owners. Not making such indication amounts to inducing purchase of property by giving a false impression, thereby committing unfair trade practice, the commission held.

The commission further opined that it is developer and not purchaser who has liability to pay all outgoings including not only property tax but also the maintenance charges. it is wholly unfair for the purchaser to pay the tax or maintenance charges before he obtains the title to the property or takes the possession of the property after issuance of the completion certificate.

In a dispute over signing of a lop-sided agreement favouring the developer, the NCDRC directed Mumbai-based Sahajanand Hi Tech Construction Private Limited to pay Rs 10 lakh compensation and Rs 25,000 cost to Pimple Saudagar resident Rajeev Nohwar for deficiency in service and unfair trade practice. The developer had argued that other flat purchasers had signed the same agreement without raising any objection. Modifying the agreement for the complainant would lead to an anomalous situation vis-a-vis use of common areas.

The NCDRC ruled that if the complainant was willing to sign the agreement and pay the remainder amount, the developer shall pay him Rs 10 lakh compensation within four weeks. Alternatively, if the complainant was not willing to execute the agreement then the firm shall refund him over Rs 1.58 crore with 12% pa interest along with Rs 10 lakh compensation.

On June 24, 2014, Nohwar had booked a 1,660sq ft flat at Lodha Belmondo project being developed by the construction firm at Gahunje off the Pune-Mumbai express way, for a price of over Rs 1.68 crore. In August 2014, the firm sent a pre-termination notice to Nohwar following a dispute over signing of the agreement and payments.

Nohwar had sought clarifications from the firm over common areas and facilities shown in its publicity brochure. He was unwilling to sign the agreement because the draft did not specify the date of delivery of possession and he was asked to declare that he had satisfied himself with all approvals and encumbrances on the property before execution of the agreement although, he was not shown the title deed and approval documents.

The draft agreement also provided that maintenance charges and property tax were payable from the date of offering the flat for fitouts. A perpetual deed between Sahajanand and Lodha Ideal Buildcon Private Limited over golf course, gym and other facilities was not shown to him.

Nohwar moved the National commission challenging the developer's pre-termination notice on the grounds that certain clauses in the draft agreement were not in consonance with the provisions of the Maharashtra Ownership of Flat Act (MOFA) and the Maharashtra Apartment Ownership Act.

The bench referred to provisions under MOFA while holding that the complainant was justified in refusing to sign the agreement as the developer was under obligation to make full and true disclosure of all encumbrances on property besides providing copies of title deeds, approved plans and layouts to the buyer before signing of agreement.

Since the law requires the promoter to obtain the completion certificate before giving possession, the promoter while executing the agreement has to stipulate a specific date of delivery, the commission ruled.

Source http://realty.economictimes.indiatimes.com/news/regulatory/builder-must-specify-delivery-date-in-deed-court/52215923.

Details of judgment

Case No.	Complainant	Respondent	Complainant Advocate	Respondent Advocate	Date of Disposal
CC/346/2014	Shri RAJEEV NOHWAR & ANR.,	M/s SAHAJANAND HI TECH CONSTRUCTION PVT. LTD.,	M/s LAW & LEGAL,	M/S. R.S. PRABHU & CO.	2016-05-06

Judgment can be accessed at http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F346%2F2014&dtofhearing=2016-05-06

UP Revenue Code 2016 _ LIMITATION PERIOD AND COURT FEES

UP Revenue Code 2016

LIMITATION AND COURT FEES
(Rule-191 of UP Revenue Code Rules, 2016 )

                               

Sl. No.	Section	Nature of suit,	Period of	Proper Court
		application and	limitation	Fee
		proceedings
1	2	3	4	5
1.	24(1)	Application for the	Nil	Rs.5/-
		settlement of boundary
		dispute.
2.	24(4)	Appeal to	As provided in	Rs.5/-
		Commissioner	section 24(4)
3.	32	Application for	Nil	As in Court Fees
		correction of records.		Act, 1870
4.	35(2)	Appeal to Sub-	As provided in	Rs.5/-
		Divisional Officer	section 35(2)
5.	38(1)	Application for	Nil	As in Court Fees
		correction of records		Act, 1870
6.	38(4)	Appeal to	As provided in	Rs.5/-
		Commissioner	section 38(4)
7.	49(8)	Appeal to Record	As provided in	Rs.5/-
		Officer	section 49(8)
8.	57(2)	Application for	Nil	Rs.5/-
		permission to plant
		trees
9.	58(1)	Application for	Nil	Rs.5/-
		settlement of dispute
		referred to in the
		section.
10.	58(2)	Appeal to	As provided in	Rs.5/-
		Commissioner	section 58(2)
11.	66(1)	Application for	As provided in	Rs.5/-
		cancellation of	section 66(2)
		allotment
12.	67(5)	Appeal to Collector	As provided in	Rs.5/-
			section 67(5)
13.	80(1)	Application for	Nil	As per the
		declaration		provisions of
				rule 85(2) of the
				Code
14.	82(1)	Application for	Nil	Rs.50/-
		cancellation of
		declaration
15.	82(2)(c)	Suit for ejectment by	Nil	As in the Court
		bhumidhar.		Fees Act, 1870
16.	85(1)	Suit for ejectment by	Nil	As in the Court
		Gram Panchayat		Fees Act, 1870
17.	85(2)	Suit for ejectment by	Nil	As in the Court
		the land holder.		Fees Act, 1870
18.	98(1)	Application for	Nil	Rs.2/-
		permission to transfer
		of land
19.	101(1)	Application for	Nil	Rs.50/-
		exchange of land
20.	107(2)	Application for	Nil	Rs.2/-
		permission to make a
		bequest
21.	115(3)	Application for	As provide in	Rs.5/-
		restoration of land	section 115(3)
22.	116	Suit for division of	Nil	As in the Court
		holding.		Fees Act, 1970
				payable on the
				plainti
				of land revenue.
23.	122(3)	Application by person	As provided in	Rs.5/-
		entitled to claim land	section 122(3)
24.	131(1)	Suit for ejectment of an	Nil	As in the Court
		asami.		Fees Act, 1870
				on   one
				rent.
25.	131(4)	Suit for arrears of rent.	Three years	Rs.5/-
			from the date
			when rent
			became due.
26.	133	Suit for injunction,	Three years	As in the Court
		compensation or	from the accrual	Fees Act, 1870.
		repairs.	of cause of
			action.
27.	134	Suit for ejectment and	Nil	As in the Court
		damages.		Fees Act, 1870
				on annual land
				revenue.
28.	137(1)	Suit for possession or	Three years	As in the Court
		compensation.	from the date of	Fees Act, 1870.
			wrongful
			dispossession.
29.	139(1)	Application for fixation	One year from	As in the Court
		of rent.	the date of	Fees Act, 1870.
			termination of
			rights of asami.
30.	141(1)	Application for	-do-	-do-
		computation of rent.
31.	144	Suit for declaration by	Nil	Rs.10/-
		bhumidhar or asami.
32.	145	Suit for declaration by	Nil	Rs.5/-
		the Gram Sabha.
33.	151(1)	Suit for ejectment and	Nil	As in Court Fees
		damages by		Act, 1870.
		Government Lessee.