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Mumbai Consumer Commission Penalises Andheri Builder For Failing To Obtain Occupation Certificate For Goregaon Housing Project

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Mumbai, Jan 09: The Suburban Mumbai District Consumer Dispute Redressal Commission (DCDRC) has penalised an Andheri-based construction firm owned by developer Akram Ali Mohammad Hussain Qureshi for failing to obtain an Occupation Certificate (OC) for a Goregaon housing project, Akme Residency Co-operative Housing Society Ltd., despite handing over possession of the building to occupants nearly two decades ago.

Holding the developer guilty of deficiency in service, the commission directed him to not only obtain the long-pending Occupation Certificate but also reimburse the society for additional expenses incurred due to the absence of the OC.

The commission observed that the developer’s failure to secure the OC compelled the complainant society to bear extra financial burdens, including higher water charges and unpaid property taxes.

It noted that the society had successfully proved its claims, while the developer had merely denied the allegations without producing any evidence to disprove them.

Advocate D. Deshpande appeared on behalf of the complainant society.

In its order, the commission directed the developer to immediately obtain the Occupation Certificate for the society’s building. The developer was also ordered to execute a registered conveyance deed in favour of the complainant society, as mandated under law.

Additionally, the commission directed the developer to pay Rs 1,28,549 towards property taxes and Rs 1,61,700 towards excess water charges paid by the society to the Brihanmumbai Municipal Corporation (BMC).

The developer was further directed to hand over all relevant original documents pertaining to the land and building to the society and to provide proper accounts relating to maintenance charges collected earlier. An additional Rs 10,000 was awarded to the complainant society towards litigation costs.

According to the complaint, the land on which the building stands originally belonged to one Indirabai Vishnu Mhatre, who owned Mhatre Chawl No. 5, consisting of 15 tenements.

In August 2002, she entered into a development agreement granting development rights over the land to the developer, subject to the tenancy rights of the existing occupants.

The developer subsequently entered into permanent alternate accommodation agreements with the tenants, constructed the building, and handed over possession of flats to both old tenants and new purchasers around January 2006—without obtaining the mandatory Occupation Certificate. The commission noted that purchasers were allegedly coerced into signing possession letters despite the absence of the OC.

The society further alleged that although the developer was contractually bound to obtain the OC within 18 months, he failed to do so. While maintenance charges were collected till 2010, property taxes were not paid, leading the BMC to issue attachment notices in 2011–12. Consequently, society members were forced to clear outstanding dues and pay additional water charges due to the lack of an OC.

The society also contended that the developer failed to execute a conveyance deed in its favour, despite it being a statutory obligation under the Maharashtra Ownership Flats Act, 1963 (MOFA). After repeated notices went unanswered, the society finally decided to approach the consumer commission in 2013.

The developer, in his defence, denied all allegations, raised objections on limitation, and contended that the society was not a “consumer” under the law. He also claimed that possession was handed over at the insistence of purchasers.

Crime

Ram Temple Trust invites applications for CEO post amid donation embezzlement row

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Ayodhya, July 13: The Shri Ram Janmabhoomi Teerth Kshetra Trust on Monday invited applications from eligible candidates for the post of Chief Executive Officer (CEO) of the temple as the controversy surrounding the donation irregularities deepens.

The selected candidate will be responsible for heading the temple’s administrative management and supervising its day-to-day functioning.

According to the notification issued by the Trust, interested and eligible candidates must submit their applications by 4 p.m. on July 18. The recruitment process has been initiated after a selection committee finalised the eligibility criteria and other conditions for the appointment.

As per the prescribed qualifications, applicants must hold a graduate degree and possess a minimum of 20 years of experience in administration or finance.

The Trust has also stated that preference will be given to candidates with prior experience in temple administration or management. In addition, applicants are required to be followers of the Hindu faith.

The recruitment process comes at a time when the Supreme Court has issued notices to the Centre, the Uttar Pradesh government and the Shri Ram Janmabhoomi Teerth Kshetra Trust on petitions seeking an independent, court-monitored investigation into the alleged misappropriation of donations made to the Ram Temple.

The apex court has also directed the Uttar Pradesh government’s Special Investigation Team (SIT) to submit a status report and disclose the composition of the investigating team.

According to the Trust, the selected Chief Executive Officer will initially be appointed for a period of three years.

The successful candidate will also be required to reside in Ayodhya throughout the tenure to effectively oversee the temple’s administrative and operational responsibilities.

The selection committee has additionally decided to appoint a Secretary to assist in carrying out the recruitment process and facilitate the appointment of the new Chief Executive Officer.

The development assumes significance in view of the ongoing controversy relating to the alleged embezzlement of donations received by the Shri Ram Janmabhoomi Teerth Kshetra Trust.

Earlier on Sunday, in an interview with media, Ram Mandir Construction Committee Chairman Nripendra Misra hoped that the new arrangement at the Ram Mandir, including the appointment of a Chief Executive Officer answerable to the temple trust, will continue to focus on the welfare of devotees who have shown no signs of ‘distrust’ in the system.

Misra indicated that it was time to add another layer to strengthen the system for preventing a recurrence of the regrettable donation row. He said the CEO will look into the entire state of affairs, seeking advice from the general secretary and mandate from the trust, with no scope for government interference.

“The CEO will be an additional link in the system. The hierarchy of the existing system is not being disturbed. The trust is supreme, and its decisions will be final,” said Misra over the work profile and powers of an official.

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Crime

Delhi cop shoots wife dead in Kalyanpuri after marital dispute

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New Delhi, July 13: A Delhi Police constable allegedly shot his wife dead in East Delhi’s Kalyanpuri area following a domestic dispute, police said on Monday.

Preliminary investigation suggests that the couple had been experiencing frequent marital discord for some time and were often involved in arguments over personal issues.

According to the police, the incident took place after another altercation broke out between the couple on Sunday.

The officials said the husband and wife had left their residence together on a scooter, but the argument reportedly continued while they were travelling.

During the course of the investigation, police recovered CCTV footage that allegedly captured the couple stopping their scooter on the roadside before stepping off the vehicle.

The footage is said to show them engaging in a heated argument moments before the shooting took place.

According to sources, the CCTV footage shows the constable and his wife stopping their scooter and stepping off the vehicle. They were seen arguing when the constable took out his service pistol and shot his wife.

The investigators said that the accused allegedly fled the spot immediately after the incident. Police teams have since launched a search operation to trace him and are scanning CCTV footage from the surrounding area as well as along the possible escape routes to reconstruct his movements and establish the exact sequence of events.

The accused constable was posted with the Anti-Theft Squad of the East district at the time of the incident.

As part of the investigation, police are also questioning family members and other individuals known to the couple to understand the circumstances that allegedly led to the fatal shooting.

Police have registered a case in connection with the incident and said further investigation is currently underway.

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National News

Five killed, 42 injured as two buses collide in TN’s Madurai

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Chennai, July 13: Five people were killed and 42 others, including several children, were injured after a private omni bus collided head-on with a Tamil Nadu State Transport Corporation (TNSTC) bus near Kottampatti in Madurai district during the early hours of Monday, police said.

The accident occurred on the four-lane national highway near Vandinagar, close to Kottampatti, when the private omni bus, which was travelling from Chennai to Marthandam, allegedly went out of control and crossed the central median into the opposite carriageway. It then rammed into an oncoming TNSTC bus with great force, causing extensive damage to both vehicles.

The impact of the collision was severe. The private bus veered off the highway after the crash and smashed into a roadside passenger shelter. Its front portion was completely crushed, trapping several passengers inside.

The TNSTC bus overturned due to the force of the impact, leaving passengers stranded and injured.

Police, fire and rescue personnel, along with local residents, rushed to the accident site and launched an intensive rescue operation.

Rescue teams used specialised equipment to extricate passengers trapped inside the mangled buses before shifting the injured to waiting ambulances.

Officials said five people — four men and one woman — died on the spot due to the severity of their injuries.

Their identities are yet to be officially confirmed.

Forty-two others, including children, sustained injuries of varying degrees and were admitted to the Government Rajaji Hospital in Madurai, where they are undergoing treatment. Hospital authorities said some of the injured remain in critical condition and are under close medical observation.

Preliminary investigations indicate that the driver of the private omni bus may have lost control of the vehicle moments before the collision. However, police said the exact cause of the accident would be established only after a detailed investigation, including an examination of the vehicles and statements from survivors and witnesses.

The accident triggered panic among motorists and residents in the area, while traffic on the busy highway was disrupted for several hours.

Police diverted vehicles through alternate routes as cranes were deployed to remove the damaged buses and clear the roadway.

The Kottampatti police have registered a case and launched a comprehensive investigation into the fatal accident. Authorities are also examining whether speeding, driver fatigue or mechanical failure contributed to the tragedy.

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