WE RUN SOCIETIES

WE WORK, SO YOU DON’T HAVE TO !

contact@dearsociety.in
WHO ARE WE?

M/s. Dear Society is a firm and Mr. Yuvraj Uttam Pawar is the Founder(Chairman). We have been in
operation for the last 8 years. The area of operation of the firm mainly is in Co -operative Sector but we
also operate in ancillary sectors. We handle all the litigation matters related to the Society & it’s
members e.g. matters before Civil Court, Consumer Forums, Police Complaint, RERA etc.

Mr. Yuvraj Pawar has 10 Years of Experience of working in Maharashtra Assembly. He has worked with
many MLAs in his tenure and has successfully Amended MCS Act, 1960 & Maharashtra Apartment
Ownership Act, 1970.

Our team consist of experienced Advocates, GDCAs and Software Engineers and is well equipped with
cutting edge technology for the smooth functioning of our organisation. We use office Management
softwares Karyarat and Wrike for efficient operations and Client connectivity. We are proficient, efficient
and punctual in what we do. Our accurate knowledge and rich experience in co-operative sector helps our
clients to attain their goals.
2
OVERLOOK

Dear Society has expertise in the Society Registration, Conveyance and Deemed Conveyance i.e.
Assignment cum Lease deed.

CIDCO transfer of plots, flats and shops.

Guidance regarding services provided by CIDCO, Municipal Corporation, Power Company.

Digital management through software and mobile app.

Services for legal matters like MahaRERA, Consumer Courts.

Bye-laws Consultation, Committee Training, Manager Training.

Recovery of Dues, Society Election.

3
PRACTICE AREAS

4
CONVEYANCE

If the promoter / builder fails to complete the conveyance

within four months of the date of registration of society.

The housing society can take legal action against a

builder/landowner who refuses to convey the land by filing a
case before the District Dy. Registrar, Cooperative
Societies/ Jt. Registrar, Cooperative Societies (CIDCO) and
Competent Authority, who will hear both the housing society's
and the builder's cases and issue the necessary Conveyance
order. This will prevent promoter / builder from exploitation
of the future FSI for their own benefit. Watch video:
https://www.youtube.com/watch?v=h3wlUfQMl9g
Read Here: https://www.dearsociety.in/post/2022/01/24/the -ultimate-
guide-to-deemed-conveyance-cidco/

5
CIDCO TRANSFER OF PLOTS, FLATS AND SHOPS

All lands in Navi Mumbai belong to CIDCO.

CIDCO acquired the land back in 1970’s.
CIDCO gives land to develop but only on lease.
The transfer of the leasehold rights is
allowed only subject to approval of CIDCO.
The intending transferor / transferee should
submit application in prescribed format along
with the documents before the Asst. Estate
Officers at the Nodal Level.

6
MAHARERA AND BENEFITS TO HOME BUYERS

If the developer fails to deliver possession by the

deadline, the buyer has two options:
(1) To withdraw from the project, wherein he/she is
entitled to a full refund along with the interest, and
(2) To continue with the project, wherein he/she is
entitled to compensation along with the interest.

If a buyer discovered any defect or fault in the

construction, quality or provision of the flat within 5
years from the possession of the flat such defect will
be rectified by builder within 30 days at no extra cost.
If the builder failed to repair the defect, then the
buyer shall be entitled to get compensation.
7
CONSUMER FORUM

In various High Court and Supreme Court decisions, flat

owners are referred to as Consumers, and they have the
right to file legal action in Consumer forums.

As per the Consumer Protection Act, the Developer Company

provides the Service of House Construction and engages in
the sale of construction of houses or in the construction of
homes or flats.

As a result, the Consumer Protection Act of 2019 applies to

the Builder, and flat owners can file consumer complaints
with the Consumer Forum against the Developer Company,
8 i.e. the Builder.
RECOVERY OF DUES

On-time payment of dues is a non-negotiable issue.

According to the Bye-Laws, it is the member's duty to pay all
maintenance fees.
If the society is experiencing payment failures for more than
three months after delivering reminders, then the chairman /
secretary should send a warning notice to defaulter.
If the defaulter fails to make the payment as specified in the
warning notice then society committee must file an application for
dues recovery under the MCS Act,1960, before the assistant
registrar or deputy registrar of cooperative societies.
The MCS Act, 1960 provides the auctioning of the member's home
as a last resort in order to recover the dues.
Watch this : https://youtu.be/zbExyUS0o2Y

9
CAR PARKING

Do the builders have the right to sell open

parking spaces?
No. The builders do not have the authority to sell
open parking spaces.

Which parking spaces can the builders sell?

Parking in which FSI (carpet area) is used can
be sold e.g. Garage.

Do housing societies have the right to sell

parking spaces?
Nobody has the right to sell parking spaces.

10
RECOVERY OF DUES

On-time payment of dues is a non-negotiable issue.

According to the Bye-Laws, it is the member's duty to pay all
maintenance fees.
If the society is experiencing payment failures for more than
three months after delivering reminders, then the chairman
/ secretary should send a warning notice to defaulter.
If the defaulter fails to make the payment as specified in the
warning notice then society committee must file an application
for dues recovery under the MCS Act,1960, before the assistant
registrar or deputy registrar of cooperative societies.
The MCS Act, 1960 provides the auctioning of the member's
home as a last resort in order to recover the dues.
Watch this : https://youtu.be/zbExyUS0o2Y

11
 • If committee is not taking care of compliances and not fulfilling their
responsibility as per bye-laws, action can be taken against committee under
Sec. 146 of MCS Act,1960.
• To obtain conveyance is the main objective of the society's formation. If the
builder fails to do conveyance then Society can go for Deemed Conveyance.
• If the society is facing issues for Recovery of Dues then society committee
“POINTS TO BE after following the procedure given in Bye-Laws can file an application for
NOTED” dues recovery under the MCS Act,1960.
• The builder do not have the authority to sell open parking spaces. The open
Parking Spaces must be allocated by Society Committee as per Bye-Laws.
• In MahaRERA Registered project, if homebuyers have any grievances then they
can file complaint within 5 years from the possession of the flat.
• The flat owners being a consumer can file complaints before the Consumer
Forum against the Builder or any other service provider.
12
 #WERUNSOCIETIES

DOWNLOAD APP ON PLAY STORE

** CONTACT DEAR SOCIETY OFFICES TO AVAIL OUR EXPERT SERVICES .

contact@dearsociety.in
+91-9175733957