Proposed housing act will put justice out of consumers' reach, say lawyers
The debate over provisions of the proposed Maharashtra Housing (Regulation and Development) Act, 2012, continues.mumbai Updated: Apr 14, 2012 02:19 IST
The debate over provisions of the proposed Maharashtra Housing (Regulation and Development) Act, 2012, continues.
Advocates and activists termed the proposed act as an anti-consumer act and accused the government of favouring builders.
The advocates practicing in the consumer commissions and forums opined that the provisions of the proposed act are conflicting with other laws. While the act proposes to set up a regulatory authority, it will take away all the powers from the civil courts. This will make very difficult for the consumers to seek justice.
Advocate Anand Patwardhan, president of consumer commission bar association, said: "The proposed act is an example of poor draftsmanship. They should have studied the existing laws and should have made attempts to strengthen them for the benefit of consumers and the society at large. The proposed act on the contrary, benefits the builders."
Advocate Uday Wavikar, vice president of the association said that the proposed law has many missing areas, using which the builders could cheat the government.
Ramesh Prabhu, chairman of Maharashtra Societies Welfare Association, said: "In Maharashtra Ownership Flats Act, there is a provision of criminal proceedings against a developer who cheats buyers. In the proposed legislation, the provision of criminal proceedings has been dropped which is not a good sign. To get the justice, the consumer will now have to run from pillar to post."
"We are now approaching the members of legislative assembly to draw their attention towards the act and its negative implications on society. We also have sent representation to the chief minister and will soon meet him to address the issue," Prabhu added.