Opposed to the developer Ahuja Properties Pvt Ltd obtaining permission from the civic body for utilising the additional FSI and some Transferable Development Right (TDR), residents of Shewa Apartment in Khar (West) moved the South Mumbai District Consumer Forum last year.
The residents sought directions to the builder to procure CC and execute conveyance. They also moved a plea seeking interim order to restrain the developer from going ahead with additional construction.
But, on December 29, 2010, the forum rejected their plea, compelling the residents to move state consumer commission. The commission observed that the district forum had ignored statutory provisions while declining interim relief.
The state commission noted that had the conveyance been executed within 4 months of registration of the Khar society in 1989 itself, the society would have benefited by grant of additional FSI, which became available two years later.
The commission felt the case of the developer became more precarious when it came to loading TDR on the society property, as the society would be forced to accept additional members.
The state commission also slammed the BMC for failing to offer the society an opportunity before granting permissions to the developer. “The BMC has forgotten their legal obligations and statutory provision, which have been laid down to protect the interests of flat purchasers and their exploitation at the hands of builders/developers.”
BMC being a planning authority was under legal obligation to hear the society before granting permission to the developer, the Commission said.