Posted at Patrika Channel Sorting Office.

Mumbai 400 001 on 1

st
& 16
th
of Every Month.





16 to 31 July - 2014 HOUSING SOCIETY MATTERS Page No. 1


MANAGING COMMITTEE MEMBERS, RESIDENTS OF CO-OP. SOC. & FRIENDS,

SPECIMEN OF THE POINTS OF THE NOTI CE TO BE SEND TO BUILDER FOR

CONVEYANCE,
BUILDING COMPLETION CERTIFI CATE,
GETTING THE CORPUS FUND & FUNDS FROM THE BUILDER
TRANSFER OF PROPERTY CARD,
GETTING AUDI TED STATEMENT OF ACCOUNTS &
ORIGINAL DOCUMENTS OF TITLE TO THE PROPERTY.
You may
APPROACH CONSUMER COURTS AND METROPOLI TIAN MAGISTRATES COURT.


MITHIL VINOD SAMPAT
LAW STUDENT
901, Sheet al nat h Tower, Shant i Sudha Park,
Val l abh Baug Lane Ext . , Ghat kopar East , Mumbai 400 077.
Tel . 2506 21 75 / 2506 21 76 /2506 48 51 / 2506 10 58.

POINTS OF NOTICE TO BE SEND FOR CONVEYANCE RELATED MATTERS
ADDRESS NOTICE TO VARIOUS GOVERNMENT AUTHORITIES LIKE
Chief Secretary

Principle Secretary,
Housing,
Principle Secretary,
Law & Order,
The Commissioner of
Police,

Municipal Commissioner
Bombay Municipal
Corporation,
Commissioner Of Police
Builders & Developers,

Directors of Builders
Company


Sir,
Sub: Legal Notice to initiate action against the builder for purported violation of various laws of the
land including
a) Not executing the Agreement with the Flat purchasers in the Format as prescribed in MOFA Act.
b) Not handing over copies of various Municipal plans as well as complete set of architectural and
structural drawings.
c) Not giving copy of the statement of accounts particularly of various amounts collected from
investors at the time of resale of flats.
d) Not sorting out the grievances of flat purchasers.
e) Failure to comply with the statutory obligations as mentioned in the MOFA Act.
f) Not depositing the various amounts collected from the Flat purchasers in a separate bank
account.
g) Negligence in managing the funds of the flat purchasers which are in your custody as a Trustee
of the funds.
h) Not taking steps to correct the defects in the construction in the Flats acquired by the flat
purchasers.
i) Failure to comply with the provisions of section 10(1) of MOFA Act.
j) Making changes in the building plan without the consent of Flat purchasers.
k) Deficiency of services and/or civil action proposed to be taken against you.





EDITOR : HEENA VINOD SAMPAT

VOLUME -I, ISSUE NO. 11 MUMBAI - 16 to 31 July- 2014 Price Rs. 5/-





16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 2
l) Criminal action proposed to be taken against you.
m) Damages of Rs. _____________ for the deficiency of service and failure to comply with the
statutory obligations.

(A) To initiate action against builder for alleged criminal offences of
Cheating ( Sec. 415)
Abetment of a thing (Sec. 107)
Public Nuisance (Sec. 268)
Volunteers causing hurt to extort property or to constraint to an illegal act (Sec.
327)
Wrongful Restraint (Sec. 342)
Extortion (Sec. 384)
Putting person in fear of injury in order to commit extortion (Sec. 385)
Dishonest misappropriations of property. (Sec. 403)
Cheating and dishonesty including delivery of property ( Sec. 420)
Mischief( Sec. 425)
(B)
Violations of the provisions of the Maharashtra Ownership of Flat Regulation
of the Promotion of Construction, Sale, Management & Transfer Act, 1963,
particularly general liability of promoter of sec. 3,
Promoter before accepting advance payment or deposit to enter into
Agreement and Agreement to be registered sec. 4.
Promoter to maintain separate account of sums taken as advance and deposit
and to be trustee there for and disburse them for purposes for which it is given
sec. 5.
Responsibility for payment of outgoings till property is transferred sec. 6.
After plans & specifications are disclosed no alterations or additions without
consent of persons who have agreed to take the flat and defects notice within
three years to be rectified sec. 7
Promoter to take steps for formation of Co-operative Society or company sec.
10.
Offences by promoters sec. 13.

REQUEST TO POLICE AUTHORITIES (TO REFER MATTER TO CRIME BRANCH AS HUGE FUNDS ARE INVOLVED)
REQUEST TO MUNICIPAL AUTHORITIES TO BLACK LIST THE BUILDER AND HIS ARCHITECT
STATISTICS WITH REGARDS TO RECEIPT OF OC, BLDG. COMPLETION CERTIFICATE
YEAR
NO. OF
PROPOSAL
RECEIVED
NO. OF
IOD
ISSUED
NO. OF
CC
ISSUED
NO. OF
OC
ISSUED
NO. OF
BCC
ISSUED
% OF
IOD
RECD
% OF CC
ISSUED
% OF OC
ISSUED
% OF BCC
ISSUED
2003-04 2143 1469 1871 951 202 68.50 87.30 44.38 9.43
2004-05 1937 1355 1948 911 168 69.95 100.56 47.03 8.67
2005-06 1766 1289 1829 967 168 72.99 103.56 54.57 9.51
2006-07 1720 1195 1731 887 143 69.47 100.64 51.57 8.31
2007-08 1602 1100 771 831 120 68.66 48.12 51.87 7.49
2008-09 1398 990 1528 590 133 70.81 109.29 42.20 9.51
2009-10 860 409 789 270 44 47.55 91.74 31.39 5.11
2010-11 1418 1062 1444 545 72 74.89 101.83 38.43 5.07
2011-12 1526 972 1402 936 96 63.69 91.87 61.33 6.29
Total 14370 9841 13313 6888 1146 68.48 92.64 47.93 7.97

NUMBER OF FLATS AND THE APPROXIMATE MARKET VALUE OF THE FLATS
VIOLATION OF THE TERMS AND CONDITIONS MENTIONED IN THE BROUCHURE
PROBLEMS FACED BY FLAT PURCHASERS
NOT GIVING AUDITED STATEMENT OF ACCOUNTS OR THE BREAKUP OF THE AMOUNTS COLLECTED
TOWARDS VARIOUS HEADS.
COPY OF THE PASS BOOK OF BUILDERS BANK ACCOUNT FOR THE AMOUNTS COLLECTED AND SPEND
TOWARDS VARIOUS HEADS.
DATE BY WHICH POSSESSION OF FLATS HAS TO BE GIVEN BY BUILDER
CARPET AREA TO BE MENTIONED IN THE AGREEMENT
BASIS ON WHICH COMMON AREA CHARGES HAVE BEEN LEVIED
DETAILS OF OUTSTANDING PAYMENTS NOT MADE TO COMPETENT AUTHORITIES / CONTRACTORS.
EXEMPTIONS AS WELL AS VIOLATIONS OF THE TERMS AND CONDITIONS UNDER ULC




16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 3
MODEL AGREEMENT & MOF ACT
DEFINITION OF PROMOTOR UNDER MOF ACT
CHANGES IN BUILDING PLAN WITHOUT FLAT PURCHASERS CONSENT
CERTIFIED TRUE COPIES OF VARIOUS DOCUMENTS
STATUTORY OBLIGATION TO GIVE CERTIFIED TRUE COPIES OF VARIOUS DOCUMENTS AS MENTIONED
IN MOF ACT
FLAT PURCHASERS HAVE PAID FOR THE COMMON AREAS AND AMENITIES
OPEN CAR PARKING SPACE / STILT CAR PARKING SPACE / OPEN TERRACE BELONGS TO THE SOCIETY
NON SUBMISSION OF FORM T TO THE MUNICIPAL AUTHORITIES
REASONS FOR NOT OBTAINING BUILDING COMPETION CERTIFICATE
DATES ON WHICH VARIOUS PERMISSIONS ARE OBTAINED UNDER MUNICIPAL LAWS OF THE LAND
NO RIGHTS IN FSI, TDR OR FUNGIBLE FSI ONCE FLAT IS SOLD
FORMATION OF CO-OPERATIVE SOCIETY
CONVEYANCE IN FAVOUR OF LEGAL ENTITY
SIGNATURE OF FLAT PURCHASERS / LEGAL ENTITYS REPRESENTATIVES NOT REQUIRED FOR
CONVEYANCE PURPOSE
TRANSFER OF PROPERTY CARD IN MY CLIENTS NAME
COLLECTION OF MORE THAN 20% AMOUNT WITHOUT EXECUTING A REGISTERED AGREEMENT
COPY OF FORM I, II, III & IV TO BE GIVEN TO MY CLIENTS
COPY OF VARIOUS PERMISSIONS / DOCUMENTS
ROLE OF A BUILDER DOES NOT COME TO AN END AFTER COLLECTING MONEY
ILLEGAL ACTS COMMITTED BY BUILDER
JUDGMENTS THAT MAY BE RELIED UPON BY MY CLIENTS
ALLEGED VIOLATIONS OF INDIAN PENAL CODE
LEGAL NOTICE CALLING FOR COMPLIANCES AS WELL AS FOR DAMAGES
FROM

MITHIL VINOD SAMPAT
MANY TIMES DRAMATISING THE FACTS PLUS FAMILIARITY WITH
THE WORKING STYLE OF BUREAUCRACY HELPS IN GETTING THE DESIRED RESULTS.
IF POLICE OFFICERS ARE CONVINCED AND THEY THREATEN THE BUILDER AS REGARDS
LODGING OF FIR THE DESIRED RESULTS CAN BE OBTAINED QUICKLY.
AT TIMES BUILDERS HAVE EVEN OBTAINED ANTICIPATORY BAIL FOR NOT FORMING A CO OPERATIVE
SOCIETY, NOT EXECUTING CONVEYANCE ETC.
TIP ALSO USE SOCIAL MEDIA GROUPS TO CREATE AWARENESS AND YOU MIGHT GET UNEXPECTED DATA
USING GOOGLE SEARCH THAT CAN STRENGTHEN YOUR CASE.
IF YOU HAVE PROOF / APPREHENSION THAT BUILDER HAS COLLECTED AMOUNTS IN CASH THAN SUCH
FACTS / APPREHENDSION MAY ALSO BE BROUGHT ON RECORD.
WHENEVER YOU GO TO BUILDERS OFFICE OR TO MEET THE REPRESENTATIVE OF THE BUILDER YOU MAY
MAKE IT A POINT TO RECORD (USING SPY PEN ETC) THE CONVERSATION. IF CASH AMOUNTS ARE PAID
THIS COULD BE A GOOD SOURCE OF EVIDENCE.
WHENEVER YOU HAVE MEETINGS WITH THE BUILDER ALWAYS WRITE DOWN THE MINUTES AND
FORWARD THE SAME TO HIM FOR HIS APPROVAL


1. COMMON PROBLEMS RELATED TO CO-OPERATIVE SOCIETIES AND THE
SOLUTION TO THE SAME:- ADV. DHARMIN VINOD SAMPAT
Some of the common problems related to co-operative societies and the solution to the same are produced as
under:-
S.N.
Problem Suggested Solution
(A) AGAINST BUILDERS (ACT FAST BEFORE NEW ACT IS INTRODUCED.
1 Sale of open parking space by builder, sale
of pocket terrace by builder, not executing
a) Approach Consumer Court for deficiency of service.




16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 4
the conveyance, not giving statement of
accounts, not obtaining occupation
certificate, not obtaining building
completion certificate, not handing over
original documents of title of the property,
not transferring the property card in favor
of the legal entity.

b) Approach the criminal court for cheating, criminal
breach of trust, mischief, violations of the provisions of
Sec. 11 & 13 of MOF Act.
c) Lodge complaint with ULC Department as undertakings
are given that conveyance will be executed within a
stipulated period of time at the time of release of the
plot from ULC.
d) Lodge complaint with ISO authorities if the builder has
got an ISO certificate.
e) Lodge complaint with SEBI if the builder is going for a
public issue and has not made the disclosures in the
prospectus.
f) Lodge complaint with BMC to black list the builder.
g) Lodge complaint with police seeking permission to take
out morcha by peaceful means to protest against the
acts of the builder.
2 Builder not sharing the amounts received
from allotment of hoardings, installation of
mobile tower on the societies terrace
a) Approach the consumer courts for deficiency of service.
b) Request police authorities to file an FIR.
c) Approach city civil court
d) Approach High Court.
3 Builders developing adjacent plot and
apprehension is there that the FSI/TDR of
the society is being used.
a) Write letters to BMC objecting to the same.
b) File a suit in High Court / city civil court / consumer
courts praying for an injunction restraining the builder
from utilizing the FSI/TDR of the plot of land for which
the society has already been formed.

(B) CO-OPERATIVE SOCIETY
1 Society not allowing visitors to park
their vehicles in the building
premises.

a) Approach the police authorities stating that there is violation
of the provisions of Table 15 READ WITH Regulation 36 of the
Development Control Rules read with Regulation 36 which
stipulates that 10% (now 25%) of the parking space has to be
kept vacant for the visitors.
b) Lodge complaint with Bombay Municipal Corporation
requesting the corporation to cancel the occupation
certificate as the terms and conditions pertaining to IOD have
been violated.
2 Society not allotting car parking
space to members.

a) Draw the attention to the provisions of Table 15 Regulation 36
of Development Control Rules of Greater Mumbai
b) Approach Consumer Forum for deficiency of service
c) Approach Co-operative Court
d) Approach Registrars office
e) Note if you have other like minded members who are
deprived of parking one each can approach different
authorities.
f) It will not make difference if the builder has sold car parking
space to some other flat purchasers.
3 Society not carrying out repairs and
leakage in flats.

a) Approach the consumer courts for deficiency of service as well
as the BMC. Recently Consumer Forum Thane Ulhas Dhondpat
Karkare & others v/s. Chandravadan CHS Ltd., & others in Case
No. 543 of 2008 decided on 31/10/2013 was pleased to award
damage to the tune of Rs. 4 Lakhs to the complainant which
amount was to be paid by the society, managing committee
members as well as lawyers of the co-op. soc.
b) Approach Co-operative Court
c) Approach Bombay Municipal Corporation
d) Approach police authorities.
4 Society collecting exorbitant
amounts at the time of transfer of
flat, collecting exorbitant amount
towards non occupancy charges.
a) Approach consumer court for deficiency in service.
b) Approach police station for extortion, mischief against all the
members of the managing committee with a specific request
to lodge a First Information Report (FIR).
c) Approach metropolitan magistrates court
d) Lodge complaint against auditor for Professional misconduct.




16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 5
5 a) Managing Committee members
not issuing Share Certificate to
members.
b) Society not taking action against
the members of the managing
committee who have misused the
funds of the society.
c) Society not taking action against
defaulters who are managing
committee members.
a) Approach Consumer Forum against society
b) Approach Co-operative Court
c) Approach the office of the registrar to remove the managing
committee members.
d) If more complainants are there they can approach different
authorities.



6. Society and its members employing
minors
a) Lodge complaint for violations of Juvenile Workers Act 1986.
Bye law No. 161(C) stipulates a punishment upto one year
imprisonment and/or fine upto Rs. 20,000/-
b) Lodge Complaint with labour & police authorities
(C) CRITICS CORNER
1. Office bearers behaving as dictators, Some
members are having parties and disturbing
the peace in the building.
To lodge complaints with the registrar of co-operative
societies, approach co-operative court or consumer forum.
For certain matters contact police authorities.
2. Society not taking action against
unauthorised construction
Lodge complaint with Bombay Municipal Corporation for
unauthorised construction.
3. Society not responding to queries as
regards payment of service tax
Do the correspondence with service tax department.
4. Society not maintaining fire fighting
equipments.

As per section 3(1) Maharashtra Fire Prevention and Life
Safety Measures Act 2006 read with rule 4(2) Maharashtra
Fire Prevention and Life Safety Measures Rules every society
having a building of ground plus four floors and above have
to submit / arrange to submit every half yearly a certificate
to the fire authorities. I would like to have a copy of the same
at my cost for the last three years. Take up such matters with
fire authorities.
5. Society not showing records related to
various expenses being incurred by the
society.
Draw the attention of office bearers to the circular dated
10/3/1995 issued by co operative department.
6. Complaint against Chartered Accountant
who has audited the accounts of the
society.

Write to Institute of Chartered Accountants of India
highlighting provisions of act, rules and bye laws.
Eg. Exorbitant amount collected as donation, security not
given by persons handling cash. Rule 107-B. Money collected
for car parking deposit, amounts of some members waived
off, legal expenses recovered from only some
members+action at consumer forum.
7. Complaint against auditor on the panel of
registrar.

Request the authorities to take disciplinary action against the
auditor.
Request the authorities to remove the name of the auditor
from the panel of auditors.
If it is a case of negligence approach the consumer forum for
the losses caused with a prayer to recover the same from the
auditor.
File criminal case. In our view permission to file criminal case
from government authorities is required only if the person is
appointed by the government. If the employee is appointed
by the head of the state then permission is not required.
8. Complaint against government officers for
not giving the proper information
Always keep camera spy pen with you.
It is not known when it can come handy.

Approach the higher authorities.
Ask for the actions initiated against him in his earlier
postings.
Ask the pending departmental proceedings going against him
as of date. Here RTI Act can be of help to you.





16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 6
(D) COURT MATTERS
1. Government officer not passing the order
after the matter is kept closed for order.
Our supreme court issues order giving
compensation of 6 crores to NRI for
medical negligence.How much
compensation is awarded to our
citizens?

Politely state that the judgment in the case has been
reserved since a long time. Order XX Rule 1 of Code of Civil
Procedure Code, 1908 fixes a model Time Limit of 30 for
pronouncement of Judgment. Therefore please pronounce
the judgment at an early date and do the real justice since
Justice Delayed is Justice Denied (You may also ask for all
orders being passed by the said quasi judicial authority).
2. No track record as to the court case. Insist on roznamas of all the dates of the hearing.
3. Reply received from advocates that court
is not sitting.
Tell the advocate to take up the matter with the judge who
has got additional charge of the said court.
4. How to speed up court case.
WE OPPOSE SPEED MONEY.

If you are a senior citizen you have a right to request the
court to take up the matter for expeditious hearings in the
light of the high court circular dated 3/08/2009.
If a long date is given insist for a shorter date.
You can approach the higher court for directions to expedite
the court case if there is urgency in the matter. File
Miscelleaneous Applications to get the necessary
information.
5. How to protect ones interest in matters
where there is possibility of litigation.
ALWAYS CARRY LATEST GADGETS AND
RECORD.

Use modern technology like google search and ask for help.
Tell your advocate to pray for ad interim injunction.
Tell the court for the appointment of court commissioner.
(E) RIGHT TO INFORMATION
1 Inspite of writing no action is being
initiated by government officers.
Make an application under the Right to Information Act to
the public information officer.
2 Evasive replies are given by the public
information officer
4578 illegal cell towers in Mumbai. Action
taken big zero. If a common man breaks
the law will the BMC be lenient. What was
our sleeping giant doing when such towers
were installed. Why are criminal cases not
being filed by BMC suo motto.


File an appeal. You may also file another application with the
public information officer asking for information which may
include copies of all the registers being maintained by the
office, when the said registers are being updated, details of
the registers which are incomplete, number of files in the
office which are misplaced, not traceable, number of letters
received per month by the office, details of the number of
matters disposed of within one week, inspection of the files
with specific reference to the files of the matters disposed of
within one week. If you have asked for documents like
certified true copy you can also approach the consumer
forum as you are a consumer. To put pressure you can tell
your relative at say Gujarat to file a complaint from Gujarat
in Gujarati. Section 11( c ) of the consumer protection act
stipulates that a case can be registered where the cause of
action wholly or in part arises. (Samajnewale ko ishara kafi
hai).
Ask for inspection and reply given to RTI queries in the last
six months.
3 Society not getting copy of building plan Write to the Bombay Municipal authorities asking for the
necessary information using the Right to Information act.
Also approach consumer forum for deficiency of services.
(F) POLICE RELATED MATTERS
1 Police not taking steps to lodge an FIR in
case of a cognisable offence
Approach the magistrate u/s. 156(3) of Criminal Procedure
Code to direct the police officers to register an FIR.
(G) HOW TO DRAFT COMPLAINT LETTERS




16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 7
Letter to Society/ Government authorities.


Do you agree that it is a matter of shame
for the residents of Mumbai that the
driver of the Bombay Municipal
Commissioner is getting more salary than
our Municipal Comissioner. No wonder our
Ex CM VIlasrao Deshmukh called standing
committee of BMC as an understanding
committee for the betterment of the
Corporation.
Address to society, managing committee members and
various government authorities.
Follow up with email to various government authorities.
Take up the matter on Lokshahi Din.
Just do not stick to one subject. Highlight all the wrong things
done in the society.
Dramatise the facts Eg. Say that the collective value of the
property is approx.. Rs. 50 crores. If it is government
department like BMS say that the yearly budget is Rs. 2,800
crores and the same is not properly utilized.
Ask for information which will result in time being spent by
the opposite party which information may not be very
important for you.
Highlight instances of corruption, inefficiency pointed out by
government authorities eg. Anti corruption bureau,
comptroller and auditor genral.
Request the government authorities to download the orders
as is stipulated in Right to Information act. It is common
knowledge that authorities do not do all their jobs as per
provisions of all in all cases,
Follow up with Right to Information application if the matter
pertains to government department.
LASTLY reserve your right to take action as per due process
of law.
(H) ACTION AGAINST AUDITORS (CA= COMPLETE ARRAM {HA HA HA})
FORM I
[See sub-rule (1) of Rule 3]
1 Name of Complainant
(with Membership number if Member of Institute of Chartered Accountants
of India)

2 Name of member / firm against whom complaint is being made:
With membership number/ registration number of the firm, if known)

3 Last address of the complainant for communication
4 Last available professional address of the member or firm against whom the
complaint is made

5 Particulars of allegation serially numbered together with corresponding
clause / part of the relevant schedule(s)
or
Particulars of allegation(s) serially numbered together with clause/ part of
relevant schedule(s) under which alleged acts of commissions or omissions or
both would fall

6 Particulars of evidence (s)adduced in support of the allegation(s) made
7 Name(s ) of person who have knowledge of the facts of the case
Date:
Place: Mumbai
Signature of Complainant
VERIFICATION
I ___________________, the complainant, do hereby declare to that what is stated above is true to
the best of my information and belief.
Verified today the ____ day of __________ at Mumbai
Date
Place
Signature of Complainant





16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 8
FAQ ON 50C OF INCOME TAX ACT
CA. Vimal Punmiya Adv. Vinod Sampat
Ques. How does Section 50C have an impact on the Seller when transaction is for Rs. 2 crores
but valuation as per ready reckoner is Rs. 2.5 crores.? What is the importance of Stamp Duty
Ready Reckoner on the seller? What are the alternatives available to the seller if the market value
of the property as per the Stamp authorities is much higher than the value at which the
transaction has taken place?

Ans. Sale consideration is Rs.2,00,00,000/- which is less than stamp valuation of
Rs.2,50,00,000/-. Thus, as the stamp value is higher than actual consideration, therefore as
per section 50C(1) for the purpose of capital gain calculation sale consideration will deemed to
be Rs. 2,50,00,000/-.

But stamp valuation authority calculate stamp value of property on general rate of area and
not as per individual property. However, the property fetch fair market value as per his merits
and demerits. Therefore, property can fetch higher or lower value from the general value of
area decided by the stamp valuation authority for the purpose of stamp duty. Therefore, in
those cases where actual fair market value of property is less than the general rate of property
as per stamp duty authority tax payer face hardship in form of additional tax liability just
because of provision of section 50C. Therefore to avoid such hardship a right is given to
assessee under section 50C(2). That if they feel that value adopted by the stamp authority is
higher than value of property, then assessee can claim before assessing officer that value
adopted by the stamp authority is higher than fair market value of property. In that situation
Assessing officer will refer the matter to Department Valuation Officer.

Reliance is placed on issue that stamp duty value cannot be sale consideration:
New Kalindi Kamavati Co-op Housing Society Limited Vs. State of Gujarat and Ors (2006)
The valuation adopted by the Stamp authorities cannot be considered conclusive. The Court
while observing that : Sole reliance was placed on jantri by Dy. Collector for determination of
market value for stamp duty held that jantri; i.e., market valuation record book maintained
by the Stamp Valuation authorities reflects probable market value and the same was not a
conclusive evidence.
In that situation value determined by the Department Valuation Officer or Stamp Duty
Valuation whichever is lower will be taken as Sale consideration for the purpose of Capital
Gain.

In present case Stamp value of property is Rs. 2,50,00,000/- against the sale consideration of
Rs. 2,00,00,000/-. As the stamp value is higher than actual sale consideration, therefore, the
assesse can object the stamp duty valuation before the assessing officer.

Q. What is the difference between a probate and a succession Certificate ?
Ans. A probate is issued by the Court when a person dies having made a Will an
executor applies to the court for grant of probate.
A succession Certificate is issued to the legal heirs as per applicable laws of inheritance
who apply to the Court in case a person has not made a will.

LINE OF ACTION IF YOUR HOUSING SOCIETY DOES NOT GIVE YOU DOCUMENTS,
J B Patel & Mithil Sampat
Quite often, the managing committee of your co-operative housing society refuses to give you
crucial documents or information. This happens when you have a dispute with the society.
How to get those documents? I recommend four steps:
1) Make Application to the society under Maharashtra Cooperative Societies Act
a) 32(1) of MCS ACT says that registered member of the society can inspect the required
information, with prior permission, in the society's office during office hours.
b) 32(2) of MCS ACT says that the member can make an application in writing to Chairman /
Secretary for obtaining information about the society's affairs. Your society is bound to give





16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 9
you the required information within 30 days of the application on payment of legitimate
charges prescribed in the bye-law -- Rs. 5/- per page. So, make an application to your society
and endorse a copy to the Deputy Registrar of Cooperative Societies in your ward office.
Please use polite language, and avoid accusations, references to previous incidents. Don't use
harsh words like corrupt, arbitrary, misbehavior etc. Please write in a neutral and official tone.
You may also quote the relevant circulars as well as high court judgments.
2) File Complaint against the society under MCS Act
a) If the managing committee refuses to give information in response to your applications
and/or Dy Registrar's notices, they are committing breach of law and willful neglect of law.
The members of the managing committee are "jointly and severally responsible for acts and
omissions detrimental to the interests of the society". If they do not give you information even
30 days after the above-mentioned application, you may appeal to the Dy Registrar to impose
penalties and punishments on the managing committee under Section 146(j) and section 147
of the MCS Act.
b) Under Section 89 A of the MCS Act, you can petition the registrar to "Inspect" the affairs of
the society, specifically for violations of Section 73.
For maximum effect, file separate complaints with various offices:

3) File RTI Application to Deputy Registrar
Cooperative Housing Societies are not directly under Right to Information Act 2005 (RTI Act).
But they are indirectly covered, through the office of Dy Registrar, as per section 2 (f), which
entitles you to "information relating to any private body which can be accessed by a public
authority under any other law for the time being in force". This is an indirect way of
obtaining information from a society. Make an RTI application to Dy Registrar of the ward in
the format prescribed under Maharashtra RTI Rules "Annexure A" with Rs 10/- court fee
stamp or Indian Postal Order.
The Dy Registrar has to provide the said information, after getting it from your Society, using
his powers u/s 77 & 78 of the MCS Act (to which RTI Sec 2(f) refers as "any other law for the
time being in force.")
Quite often, in response to the RTI application, the Registrar or Deputy Registrar will issue
notices to the managing committee, threatening stern action if they do not provide information.
Copy of this notice will be endorsed to you. Sometimes, this notice will have the desired effect,
and you will get the information.

But if the desired information is not provided within 30 days, you can invoke two legal
mechanisms by filing a complaint with the Dy Registrar, say on the 35th day after the order.
You invoke the mechanism of First Appellate Authority under RTI Act Sec 19(1).

4) If all the above remedies fail, approach Consumer Complaint
As a consumer of services provided by a co-operative housing society, you are covered by the
Consumer Protection Act in matters concerning the "business" of the society. Failure to give
you necessary documents is a "deficiency in service", and so you may approach the Consumer
Court and pray for reliefs i.e. copies of documents, and compensation for difficulties suffered
by you.
RTI FILED FROM BANDRA by MITHIL VINOD SAMPAT. INFORMATION ASKED
FROM OFFICERS AT BOMBAY & POONA. SUMMONS WERE ISSUED TO
OFFICERS AT BOMBAY & POONA. CAN THE SAME LOGIC BE EXTENDED
FOR OTHER PLACES OF MAHARASHTRA? {SAMAJ GAYE?)
ADDRESS LETTERS TO VARIOUS GOVERNMENT AUTHORITIES ALSO
EMPHASISE THE QUANTUM OF FUNDS / BUDGET OF THE SAID
DEPARTMENT CONTRIBUTED BY TAX PAYERS.
LOKSHAHI DIN IS ONE OF THE BEST DAYS FOR YOU TO VENTILATE YOUR
COMPLAINT IF JR. OFFICERS HAVE NOT ACTED ON THE COMPLAINTS.
IF YOU KNOW THE WEAK POINT OF YOUR OPPONENT THERE IS A
POSSIBILITY OF GETTING THINGS DONE TO YOUR SATISFACTION. EG.
COPY OF BUILDING PLAN WILL HELP YOU IF YOUR FIGHT IS AGAINST THE
CO OPERATIVE SOCIETY.




16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 10
You can proceed with litigation in Consumer Court. Don't engage an expensive lawyer. If you
have time and knowledge, appear as party-in-person and argue your own case. This will be an
economical and effective solution, and also a learning experience for you.
Consumer Court is not a forum for resolving disputes. Therefore, don't mention personal
disputes. Your complaint must highlight various deficiencies of service, and negligence in
rendering service, with documentary proofs for each allegation. Build up such documentation
beforehand. Your case will be strong only if you establish that you wrote various letters,
applications etc. requesting the managing committee by all lawful means to render you the
legitimate services.
Your Case must be about the "business" of Cooperative Housing Societies. The scope of
a Housing Society's business is determined by the MCS Act, Rules and the registered
bye-laws. It broadly covers membership & share transfer, maintenance & service
charges, issues relating to proper conduct of general body and managing committee
meeting, accounts & audit parameters, proper maintenance of building, providing a
good living environment for all members, proper management and caution towards
society funds such as repair funds and sinking funds, due diligence in case of engaging
various contractors e.g. lift maintenance, civil works, repairs, and also building
redevelopers, project management consultants, etc. As you are paying money towards
monthly maintenance dues, sinking fund, repair fund, etc, you are a consumer who is
aggrieved by the managing committee's negligence in rendering services or deficiency in
services rendered.
CP Act is NOT concerned about the other laws. It is applicable "notwithstanding
anything in any other laws", which includes the MCS Act (section 164 or whatever). It
is "over and above" all the laws of the country as long as the law is appropriately invoked
by a Consumer within the limitation of time i.e. within 24 months from the date of
grievance arising.
CP Act is termed as an "ADDITIONAL REMEDY" and not "Alternative Remedy". You may
file for your grievances in the Co-operative Court as well as Consumer Court, and the
orders of both will have to be honoured independently.
Only the aggrieved party has the right to file case in the Consumer Court. As against
this, subject to certain parameters, a third party may petition the Deputy Registrar /
Cooperative court, to initiate suo moto proceedings for violations of the MCS Act.
Case is against the Housing Society, and not against individuals. In both Consumer
Court and Cooperative Court, complaints and cases may be filed against the CHS. You
cannot target individual managing committee members, as you would do in criminal
proceedings.
You may simultaneously file FIR or Private Complaint with Magistrate against
Individual member of the Managing Committee. Even if you have initiated proceedings
in Cooperative Court and Consumer court, you may also initiate proceedings in
Criminal Courts, if you have documentary evidence of nefarious activities such as
misappropriation of funds, forgery of society records, duplicate share certificates, letting
out the society property for mobile towers, advertisement hoardings etc. without the
written consent of 75% members, rigged and manipulated elections, forged and back-
dated M-20 Indemnity Bonds, refusal to transfer membership based on caste, creed,
religion, assaulting members. This can be done without any permission / sanction from
the Registrar of Co-operative Housing Societies, because it is against individuals, and
not against the society.
24X7 PROBLEM OF CAR PARKING

If you are deprived of car parking than you have every right to approach
consumer forum or co operative court. Just because someone has paid money
to builder for (open/stilt/basement) car parking that does not mean you
cannot get car parking. The remedy of such purchaser is against the builder
and not the co operative society.




16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 11
FAQ SLUM REHABILITATION AUTHORITY
ADV. RAYMOND SAMUEL & ADV. DHARMIN VINOD SAMPAT
Q.1. Define Slum area under the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act 1971 ?
Ans. Slum area means any area declared as such by the Competent Authority under sub
section (1) of section 4 and includes any area deemed to be a Slum area under Section 4A.

Q.2. Define Slum Clearance ?
Ans. Slum Clearance means the clearance of any slum area by the demolition and removal of
building there-from;

Q.3. Define Appellate Authority under the Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act 1971 ?
Ans. Appellate Authority means the Appellate Authority appointed by the State Government
under Section 35.

Q.4. Define Collector under the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act 1971 ?
Ans. Collector means the Collector of a district and includes an Additional Collector or any
officer appointed by the State Government to perform the functions of a Collector under this
Act.

Q.5. Define Chief Executive Officer under the Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act 1971 ?
Ans. Chief Executive Officer means a Chief Executive Officer of the Slum Rehabilitation
Authority appointed under sub section (2) of section 3A;

Q.6. What is Annexure-I ?
Ans. Annexure-1-lays down the format for submitting the Scheme as per modified scheme.

Q.7.What is Annexure-II ?
Ans. Annexure-II provides for a certificate in respect of the persons residing in a Slum within
the purview of the said policy decision.

Q.8.What is Annexure-III ?
Ans. Annexure-III provides for the details required to be furnished to assess the financial
capability of the Developer to execute the SRA Scheme.


SR. NO. NAME OF THE BOOK AMOUNT (RS.)
1 2014 CO-OPERATIVE SOCIETIES READY RECKONER (AUGUST 2014) 750
2 2014 ANSWERS TO YOUR QUESTIONS ON CHS (ENG) (AUGUST 2014) 150
3 2014 ANSWERS TO YOUR QUESTIONS ON CHS (GUJ) (AUGUST 2014) 350
4 2014 ANSWERS TO YOUR QUESTIONS ON CHS (HINDI) (AUGUST 2014) 150
5 2014 ANSWERS TO YOUR QUESTIONS ON CHS (MARATHI) (AUGUST 2014) 200
6 2014 CONVEYANCE FOR CO-OPERATIVE SOCIETIES (AUGUST 2014) 250
7 2014 CO-OPERATIVE SOCIETIES & CRIMINAL LAW (AUGUST 2014) 250
8 2014 CO-OPERATIVE SOCIETIES GUIDE (AUGUST 2014) 250
9 2014 SERVICE TAX & CO-OPERATIVE SOCIETIES (SEPTEMBER 2014) 200
10 2014 SPECIMEN RESOLUTIONS, TRANSFER OF FLAT & PRACTICAL
SUGGESTIONS (AUGUST 2014)
200
11 2014 SPECIMEN PETITIONS IN CO-OPERATIVE COURTS (AUGUST 2014) 400
12 2014 STAMP DUTY READY RECKONER NAVI MUMBAI 350
13 2014 STAMP DUTY READY RECKONER MUMBAI 450

THE MOST DANGEROUS ALPHABET AMONGST A Z IS I WHICH
TO A CERTAIN EXTENT STANDS FOR A PERSONS EGO.




16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 12
We can offer my services for work related to
RETAINERSHIP OF
CO-OP. SOCIETIES
RECOVERY OF DUES

SOCIETY FORMATION

REGISTRATION OF
AGREEMENT

INITIATING ACTION AGAINST
BUILDER
DOCUMENTATION LIKE TRANSFER
OF FLAT
PROPERTY CARD IN
SOCIETIES NAME

LIASONING &
DOCUMENTATION OF CIDCO,
MIDC
LIASONING AT MANTRALAYA,
CHARITY COMMISSIONER OFFICE,
MHADA, SRA, BMC
MHADA TRANSFER SERVICE TAX VAT
RETAINERSHIP FOR
BUILDERS / ESTATE
AGENTS / CHS
DOCUMENTATION
REDEVELOPMENT OF
BUILDING
DRAFTING WORK LIKE
PARTNERSHIP AGREEMENT
CONVEYANCE IN
FAVOUR OF SOCIETY
STATUTORY REGISTERS
MINUTE WRITING OF MC /
GENERAL BODY
STAMP DUTY
ADJUDICATION

Contact:
Mithil Vinod Sampat (Law Student)
A-901, Sheetalnath Tower, Sudha Park, Shanti Sudha Lane,
Near Eastern Express Highway, Ghatkopar (E), Mumbai 400 077.
Tel. 3240 21 55
DOCUMENTATION WILL NORMALLY NOT TAKE MORE THAN THREE HOURS PROVIDED ALL THE
NECESSARY INFORMATION IS MADE AVAILABLE TO US.

The time taken normally by me (after receipt of all the information) for drafting different types of documents is
as under.
Transfer Set (Two Hours) Registration of Agreement (One Hour)
Transmission Set (Two Hours) Notice for Initiating action against Builder in
Consumer Court
(One Hour)
Recovery Application (Two Hours) Leave & License Agreement (One Hour)
Membership Appeal (Two Hours) Will (One Hour)
Advertisement.
Reasonable care has been taken about the correctness of the information. If there are any errors of any
nature whatsoever, then myself as well as the persons directly and / or indirectly associated with the circular
in any matters whatsoever, are not responsible for the same.

YEARLY SUBSCRI PTI ON OF HOUSI NG SOCI ETY MATTER
Rs. 1,000/- CHEQUE FAVORI NG SMT. HEENA VI NOD SAMPAT MAY BE SENT.
WE WELCOME CONSTRUCTIVE SUGGESTIONS. hsg.soc.sampat@gmail.com

RNI No.: REG NO.: 125225/ 2012 Posted at Patrika Channel Sorting Office.
REG No.: MH/MR/NORTH EAST/282/2012-14 Mumbai 400 001 on 2
nd
& 16
th
of Every Month
Published on 2
nd
& 16
th
of every month.
To,
The Hon. Secretary / Chairman,







If undelivered please return to

EDITOR : HEENA VINOD SAMPAT
Correspondence Add: A-901, Sheetalnath Tower, Sudha Park, Shanti Sudha Lane, Near Eastern Express Highway,
Ghatkopar (E), Mumbai 400 077.
Tel.: 3240 21 55; Email Id: hsg.soc.sampat@gmail.com
____________________________________________________________________________________________
Printed, Published, Edited and Owned by HEENA .V. SAMPAT, Printed at Hardeek Printer,
79, Khadilkar Road, Gandhi Niwas CHS., Opp. Narayan Wadi, Mumbai 400 004.and
Published from 201, Shrimad Darshan , Plot No.92, Off, Rambaug Lane, Opp. Tilak Road
Lions Garden. Ghatkopar (E), Mumbai 400 077. Editor : HEENA .V. SAMPAT