MUMBAI:
Despite the promulgation of the Deemed Conveyance Act,
developers and residents of even luxury housing complexes continue to be at
loggerheads over the delay in getting the property transferred in the society's
name. Under the law, a builder is required to convey the land and building
within four months of its completion to the society.
But in case of Ashok Towers, a housing complex in
Lalbaug, residents took possession of flats nearly three years ago but have
been unable to form a society because of the developer Peninsula Land Ltd
(PLL). Due to the nature of the complex and the condition imposed by the civic
body at that time, a separate society would have to be formed for buildings
constructed on leasehold and freehold land. Accordingly, the flat owners
decided to form two societies�one
for towers A, B and C situated on the freehold land, and one for tower D,
situated on leasehold land.
Instead of forming two societies as per the majority
owners' requirements, residents got a shock when the developer proposed to
lease and not convey the land to the society. Not just that, PLL proposed to
form an apex body of four residential towers, plus some shops known as Bayside
Arcade and two other adjoining commercial complexes. "The sale agreement
shows no mention of Bayside Arcade and further, the other two commercial
complexes stand on a separate plot. We pointed this out to PLL, but they had no
answer,'' residents say.
Similar is the case with residents of Oberoi Splendor on
Jogeshwari-Vikhroli link road, who, for the past two years are waiting for
Oberoi Realty Ltd to form a society.
Residents, who shifted about a year ago at The Imperial
in Tardeo, the twin 60-storey towers constructed by S D Corporation (SDC), a
consortium of Shapoorji Pallonji and businessmen Dilip Thacker, are questioning
the formation of the condominium of apartments without the flat buyers'
approval.
ORL, PLL and SD Corporation have vehemently denied the
residents' allegations. An ORL spokesperson said the developer had taken steps
to form a society by May 2013. "We had even planned an election in March
2013, but those have been disrupted by a handful of residents. We have already
reserved the name for the society, collected signatures, opened bank accounts
and made necessary payments to RBI,'' said the spokesperson.
PLL spokesperson said the issues with the residents have
been resolved and the society is likely to be formed at the earliest. SD
Corporation said that rules empower a developer to form a condominium of
apartments or society.
"No rules have been broken. Some members are
disgruntled and raking up this issue as they lost out to become a member of the
managing committee of the richest condominium body,'' said an SD corporation
official.

Developers
are wooing hesitant buyers with seemingly attractive payment schemes