Commencement Certificate Question
Hello, so recently we registered the DA with a developer in Sept/Oct 2020. We had signed a draft/MOU in Dec 2019, and in March 2020, our registration got delayed due to COVID-19.
Now here is our biggest mistake... Due to having very senior people in our society, the developer called us to register the property within 24 hours or redevelopment of our already dilapidated building would get delayed further. So we hurriedly signed the DA and still have not got a copy of the DA even after 3 months citing various excuses from the redeveloper. We fear that the redeveloper might have changed certain terms of the DA since we were all too paranoid for the senior citizens during this pandemic and had signed the DA without reading it, thinking that the MOU signed earlier cannot be modified by the redeveloper.
1. Can the DA be nullified if it is different from the MOU/Draft signed by 51% society members in Dec 2019 due to breach/modification of terms? (In any case our building will be demolished due to C-1 notice and bribing-taking govt. officials). We are quite sure redeveloper has bribed the local ward offices to demolish our building so we are helpless and are forced to sign the PAAA on his terms since most will not be able to afford rent from their own pockets for more than 6 months and redeveloper will NOT start rent until Permanent Alternate Accomodation Agreemnet (PAAA) is signed by all.
3. We have been issued disconnection of utilities within 14-20 days of getting the C-1 notice. We have also got only 14 days before utilities are disconnect. Never have I seen the BMC being so pro-active. Can this be delayed or proven that our building is not dilapidated?
4. What is the minimum consensus (51% or 100%) required to get Commencement Certificate if BMC demolishes the building and grants IOD to the developer? I believe the PAAA is our last saving grace as we have lost all hope. I feel really sad that all of us were cheated into signing this modified DA during the pandemic. The redeveloper was any way going to pull string to get our building demolished asap so that the opposing members (5 opposing members out of 13 apartments) can not get a stay order in the future. Now if the senior citizens want rent to start, they will be forced to sign the PAAA. We have very little time left and almost no option left.
Any advise would be helpful. Our society has little to no money to even hire a lawyer. And our lawyer's bills were going to get cleared by the redeveloper which was another conflict of interest in our case but we had no option as we had nearly run a 7 Lac bill since the past few 5 years and no money to pay the lawyer due to 4-5 defaulters who hadn't paid maintenance since 10-15 years. We are in urgent need of some good advise. We will forever be grateful for your help.