I have a problem in which I would require your help to get my property back from the society who manipulated the administration office and damaged my property.

My Name is Bharat and I live in Andheri Saki Naka, I am IT professional working in Andheri. In 2012 I purchased one shop in Airoli sector 20, Navi Mumbai.

I purchased the shop on resale by putting my hard earned money valuing up to 25 lakhs. While purchasing the shop I went to a lawyer to check all the papers and Society of the building to know if any issues are there. There was no OC for the building, upon investigating with the society members and lawyer it was confirmed that due to CRZ applicable there is no OC and once there is clearance from CRZ building will get the OC.

This was my first property I made so I don’t know what and where to check the documents. On internet I found that following things are necessary for purchasing the shop

• Search report so that property is not sold to two people

• NOC from the society

• No due certificate

• Registrtaion documents

• Plan

I asked the lawyer and first owner of the property to share all the documents after getting all the above documents I purchased the Shop and was happy to have my first property in MUMBAI.

Secetary of the society confirmed that you can use common toilet but will not get the water other than one bucket because there is no OC and society is paying water charges on Commercial cost.

1st owner was the member of the society so I went to secetarty for transferiing the membership of the society as suggested by him. On which the secretary mentioned that you can give all the documents to society agents who will take care. I submitted all the documents to the agent who asked me that it will take between 3- 6 months.

I placed an ad on OLX for giving on rent to someone who does not require water or wants to use the shop as godown. With the help of an agent I gave my shop on rent and made agreement on 100 RS stamp paper. I am living on rent in Mumbai from past 6 years and have sometimes made rent agreement on 100 rs stampaper and never had any problem so I went ahead and gave my shop without registering the Agreement.

After 6 months around April 2013 I received a call from Secretary of the society that we having meeting with Flat owners regarding the water and common amenities required for shop. In the meeting I got to know that Flat owners have removed the old committee and the new committee has locked all the amenities.

I have paid all the maintenance bills so they made an exception for me.

After 2 months I came to know that NMMC has issued a notice against all shop owners to vacate as the shops are built in parking area.

After investigating I came to know the following

• Original Plan was approved by NMMC for residential purpose only.

• Original plan does not have shops

• Original Plan has 2 lifts and 40 flats

• According to the current status there is only one lift and second lift area is used between two flats on all floor

• There are two extra flats on 7th Floor

• Builder used Fire Brigiade plan for the registration which has shops.

Builder never placed the 1st page of CC in the documents where it was written only residential purpose.

• CC was only valid till 1999 but builder started the construction in 2004 and NMMC confirmed that entire building was illegal

• Due to CRZ applicable we will never get the OC.

• Society complained against shop owners in Joint registrar office to remove the names from the society membership

• Society was illegal and society cannot be formed with OC

• Join secretary have ordered to remove our names from the membership.

After that we went to joint registrar asking to add the names in the membership as we hold the valid documents of registration but he denied our application mentioning that you can appeal to Mantralay not here as order is passed.

After that again builder came into the picture and raised the objection in CBD belapur to stop deemed conveyance which is still going on.

Builder told us not to do anything as he already has case going on in Thane Civil suit against NMMC for OC and nothing will happen. He also mentioned that he has submitted the revised plan with shops which he showed us.

After that on Jan 9th Suddenly NMMC came and demolished our shops and now we are in deep trouble.

On investigating builder again fooled us he submitted the revised plan without Architect’s letter which got rejected and that’s why our shops were demolished.

Society complained more than 10 times for demolishing the shops

Right now we are still struggling what to do and finding answers of the following?

• Why only shops were demolished as entire building was illegal

• Why architect gave completion certificate if building was not as per plan

• Why NMMC didn’t came to demolish earlier and people are living from past 7 years.

• Why society didn’t complain against builder instead against us.

• What they will do with balance FSI of shops

• Plot belong to 12.5% gaton plot so 15% commercial was allowed why this problem erupted?

• Do we also complain against the flat owners, similar to what they did with us and get the entire building demolished? (I don’t wanna do that!)

• Whom to complain, who is the right authority to listen to us?

• What can we do against the fraud builder and where can we complain against the residential occupying the building without OC still

My mistake is that I could not do anything till now as I am still looking for a good lawyer who can help. Every lawyer I have met sends me to a new person.

Is there any thing which I can do to stop the Society cruelty against us shop owners?