Whether
the Karnataka Apartment Ownership Flats(
Regulation of the Promotion of constructions, sale and management and Transfer)
Act, 1972 is in force ?
Yes.
The Act is in force.
In case of non
compliance of the provisions of this Act, what are the consequences?
The
relevant provisions for non compliance of The Karnataka Ownership Flats
(Regulation of the Promotion of Construction, Sale, Management and Transfer)
Act, 1972, are sections 12, 13, 14, & 15. which are
dealt with herein below:
Sec. 12: General
liabilities of a person who takes a flat - Any person who has executed an agreement to take a flat and who without reasonable
excuse failed to pay at
the proper time and place the price, the Municipal Taxes, Water and Electricity
charges Ground Rent, and other Public
Charges, payable in respect of the Flat taken by him, shall on
conviction be punished with fine which may extend to Rs. 1000/-.
Sec. 13: Manager not to cut
off, withhold curtail or reduce essential supply or service - Any person, who is a promoter, or who is in
charge of management or connected with the management as a member of the
Managing Committee, Director, Secretary, who contravenes the provisions of
Section 13 or disobeyed the directions of the Court for restoration of
amenities shall on conviction be punished with
imprisonment for a term which may extend to 3 months or with fine or
with both.
Sec. 14: Offences by promoter - Any
promoter who without
reasonable excuse fails to comply with or contravenes any provisions of the Act or any
Rule made there under shall on
conviction be punished with imprisonment for a term which may extend to one year or with fine
which may extend to Rs. 2000/- or with both; and any promoter who commits criminal breach of
trust of any amount advanced or
deposited with him for the purposes
mentioned in Section 5 shall on conviction
be punished with
imprisonment for a term which may extend to 4 years
or with fine or with both.
Sec. 15: Offences by
companies
- If a person committing an offence under this Act, is a Company, every person
who at the time the offence was committed was in charge of and was responsible
to the Company for the conduct of business by the Company as well as the
Company shall be deemed to be
guilty of the offence and shall
be liable to be proceeded against and punished accordingly except wherein such person proves that the offence was committed
without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
In
case an offence under this Act has been
committed with the consent or connivance
of, or is attributable to any negligence on the part of any
director, Manager, Secretary or other officer of the Company, such
Director, Manager, Secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to proceeded against and punished
accordingly.
Note
: (1) Section 5 deals with the promoter to maintain separate account of sums
taken as advance or deposit and to be
trustee thereof and disburse them for purposes for which given.
(2)
The language used in this note under sec. 12,13, 14 and 15 are not the verbatim
of the stature language.
Can the Customer, after
executing agreement, by a simple letter authorize the Company to present the
same for registration before registrar?
In
this regard the provisions of Section
32 of the Registration Act, 1908, are relevant which read thus:
Sec. 32: Persons to present
documents if for registration Except in
the cases mentioned in [Sec. 31, 88 & 89] every document to be registered
under this Act, whether such registration be compulsory or optional, shall be
presented at the proper registration office.
(a)
by some person executing or
claiming under the same or in the case of copy of a decree
or order, claiming under the decree or
order there under.; OR
(b)
by the representative or assign of such person,; OR
(c)
By the Agent of such persons, representative or assign, duly authorised by
power of attorney executed and authenticated in manner hereinafter mentioned.
On
plain reading of the above provisions it is clear that a customer after executing
an Agreement can authorize the company,
by a simple letter to present the
same for registration, before the Registrar,
as per clause (b) of section 32
of the Act.
However,
it would be advisable to obtain a registered general power of attorney executed
by the purchaser in favour of the company to present the document for
registration.
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