The problem aggravated further when he constructed a new building on the premises without a no-objection certificate. It prompted the residents to take the civil suit route, demanding a stay on the construction, which was granted by the civil judge senior division.
Jaykumar Bhattad (31), the chairman of the society, had filed the special civil suit against Bunty Realtors and partner Mohanlal Agarwal under sections 4 and 7 of the Maharashtra Ownership of Flats Act (MOFA). He moved the civil court after complaints to Pune Municipal Corporation availed no response for a year.
Bhattad said, “The construction went on unabated for several months. We originally purchased the flats in 2016 and still, building progressed on the plot. No amenities were given to the members, forcing us to make rounds of the co-operative authorities. This is a clear case of cheating.”
The society had entered into an agreement with the developer in November 2015. The possession of flats was given gradually. During this time, the developer did not disclose the sanction plans on the plot for the new ‘D1’ wing. It was observed in the suit that the developer, unilaterally and without the consent of the society, chose to submit a new scheme in contravention to the provisions of the Maharashtra Apartment Ownership Act and executed a deed on his own.
The society further alleged that the deed of the declaration is immoral as the same is not in accordance with the requirements of section 2 of the Maharashtra Apartment Ownership Act. Stating that the developer has no floor space index (FSI) to construct a new building plan, the society produced the 2015 commencement certificate which shows that the available FSI on the said plot was already consumed, leaving no space at all for construction of parts IV and V of the D1building. The parts I, II and III of the D1building were sanctioned in 2015. The scheme was completed. Thus, when the new construction began, questions were raised; the members were punished by the developer by blocking their access road.
Nagnath Dhole, another member of the society, said, “We were harassed through a notice when we started fighting for our rights. We have paid Rs 1 crore in maintenance, but he did not give any details about the expenses. Due to lockdown, many people have lost their jobs. Still, we have not defaulted on payments. He took money in advance for the amenities which he refuses to give. Moreover, no proper handover procedure was followed — we have not received any documents. There are no fire safety provisions and parking lots.”
These grievances were collectively taken to the court where civil judge senior division, NS Puri, after hearing both sides granted stay on the construction on Wednesday. The court observed, “The photographs show that the construction is going on speedily on the disputed land.”
During the hearing, the developer had submitted that his lawyer is not well and unable to remain present for hearing, to which the court responded, stating, “The reason of defendant’s lawyer is valid, but in such a situation, it is necessary to pass the stay order, otherwise there is no use of the petition.”
When Mirror contacted developer Agarwal, he said that he did not want to comment on the issue.