Co-operative Housing Society – Builders have to execute the conveyance: Consumer Protection Act:

The complainant society is a duly registered co-operative
housing society under the Maharashtra Co-op. Societies Act. In the year 2003,
the opponent builder handed over the possession of the flats to the members of
the society. But, the conveyance deed had not been executed to transfer the land
and building in favour of the society. The society visited the opponent a number
of times and placed their demand before them in writing. The complainant society
had filed this complaint as the opponent had provided defective service to the
complainant society. The complainant society further prayed that order may be
issued to provide occupation certificate, building completion certificate,
documents pertaining to ownership of building to the complainant society, and
also to register the conveyance deed in favour of the society.

The Consumer Forum held that as per the provisions of law, it
is the duty of the opponent builder to register the conveyance deed in favour of
the complainant society.

As the opponent builder had not registered the conveyance
deed in favour of the complainant society, the Consumer Forum was of the opinion
that as per the provisions of the Act, it was the responsibility of the builder
to take initiative to register the society of the flat owners. It was also the
responsibility of the builder to take initiative to register the conveyance deed
in favour of the society. Even though a period of three years has elapsed since,
the opponent has not registered the conveyance deed in favour of the society. As
per the Forum, this act of the opponent was not acceptable. As per Sec. 2(1)(g)
of Consumer Protection Act, this act of the opponent comes under the purview of
“defective services”. The opponent builder was directed to comply with all the
legal procedures to register the conveyance deed in favour of the society within
a period of two months from the date of the order.