Code of Conduct

OBJECTS:

The fundamental aim of the code of conducts for the Promoters and Builders Association of Pune, is to maintain the honor and dignity of Promoters and Building in general , top secure a sprit of friendly co-operation between the Promoters and builders and their customers in the promotion of highest standard of promotion Development, and Construction activities and to establish honorable and fair dealing of the Promoters and Builders with their customers and to establish a spite of brotherhood in the Association of Promoters and Builders itself and to try and ensure that Promoters discharge their responsibilities to the community in general.

For the aforesaid objects the member of the Promoters and Builders Association of Pune desire to adopt the following norms of conducts, both in letter and sprite. However, specific mention of the following norms of conducts rules shall not be construed as conferring upon the member and / or the customers and / or the flat purchasers any legal right enable them to enforce the same in Court of law or otherwise.

If any member is found to violate the code suitable action can be taken against him by the Association even to the extent of his membership being discontinued after a detailed enquiry by a select committee which recommendation  if endorsed by the managing Committee would lead to the remuneration of membership of the member.

Any such action taken by the Managing Committee shall be put into effect 30 days after communication the decision to the member in writing by Registration Post a this address as per records of the Association. the member can appeal the decision of the managing Committee to the General Body whose4 decision shall be final and binding. This appeal must be lodged within 30 days of the date of Communication by the Managing committee failing which the decision communication shall be final and binding.

TITLE:

The Property under development should have a marketable title and the Developer shall enclose a copy of the "Title Certificate" From a Solicitor/ advocate showing his rights, along with the Agreement for sale.

INSPECTION OF SANCTIONS:

All sanction from the sanctioning authorities like approved plane and commencement certificates , N.A. permission, exemption order under U.L.C.ACT (if required) etc. Should be made available for perusal of the purchaser.

Booking of Premises

 The Developer should commence booking / sale of flats / premises only after obtaining sanction of plane and commencement certificate from the concerned municipal Authority / Planning Body and sanction / clearance under the urban Land (Ceiling & Regulation) act, 1976. if required N.A. order, except in cases where finance is to be raised by mutual agreement.

Agreement of Sale

The Developer should enter into a proper agreement as per the relevant Acts immediately on receipt of Earning Money from the purchasers of flats premises.

Payments

Payments receivable under the Agreement for sale should be schedule according to the progress of the work and as per the provisions of the relevant Acts or as may be mutually agreed between the Purchase and Developer.

Escalation:

The Developer Should not enhance the price of the flats / premises once the agreement for sale is executed for additional  Government levies /taxes / courts orders or in terms of the relevant Acts or under force major conditions. However, it there is a specific understanding between the Developer and Purchaser, escalation can be charged on mutually agreed formulae.

Construction of Building:

The Developer should construct the building only as per the rules and regulations of the Authority and should not construct any unauthorized structures. He Should not indulge in any illegal business activity.

Quality of Construction:

The Developer must ensure good quality materials and proper workmanship specification as per agreements should be adhered to and statutory specifications of the Local Planning Authority should be compiled with. Proper technical supervision on site should be ensured through qualified and experienced technical personnel .

Carpet Area:

The carpet area of the flats / premises should be clearly and unambiguously defined in the agreement.

Description of Amenities:

All amenities and common facilities should be clearly mentioned in the agreement for sale and same should be complied with.

Infrastructure Requirement:

All condition with regards to infrastructure as set out in the approval of the layout plan by Municipal Authority or Planning Authority should be fully complied with by the Developer. The building and premises should be left in a clean and habitable condition.

Tree plantation

Maximum tree plantation should be done near site on the basis of at least one tree per 100 sq. mtrs, except where it is not possible in congested area.

Labor Welfare

Member are encouraged at large site [more than 4,000 sq. mtrs.] to have crashes and educational facilities for the children of the labor, be provident along with other possible labor welfare activities , such as periodical medical check-ups, insurance etc.

Refund of Money

In case the completion of the building is delayed beyond the period stipulated under the agreement for sale with the flat purchase, the Developer should return all the Money receive by the him from the flat purchaser, along wit interest as specified in the agreement under the Maharashtra ownership Flat Act, if so de managed by Purchaser.

Possession

The Developer should ensure timely completion, physical possession as committed to buyer. it shall be builder's responsibility to obtain completion / occupation certificate.

Defect Liability Period:

During the Defect Liability Period the Developer should attend to bonafide complaints expeditiously

Society Accounts / other Deposits such as Stamp Duties:

The Developer shall maintain separate account in respect of sums received by him from the flat purchase as Advanced or Deposit., Sums received on accounts of the capital for promotion of a Co-operative Housing Society / Apartment Association or a Company or towards the Outgoings, legal charges, etc and shall utilities the said amounts only for the purchase for which they have been received. Such accounts should be given to the Society / Association  / Company not later that 3 months from handing over the charges of the building to such society /  Association Comapany6, and / or within a period of 3 months form the date of final conveyance , whichever later.

Formation of a Society or Body Corporate:

The Developer should take step for registration of Co-operative Housing Society or any other body corporate as may be necessary.

Transfer Charges

The Developer should not charges more than 2% of the purchase price for transferring the rights of the Purchaser under an agreement for sale Any such consent by the Developer to the flat purchaser for transferring his right under agreement of sale should not be unreasonable, withheld provided the flat purchase pays and/ or is ready to pay full amount of consideration under the agreement for sale together with transfer fees as aforesaid and other dues payable.

Transfer of Title:

 The Developer should not inordinately delay the execution of the Conveyance or any other simila5 instruction in favor of the Common organization of the flat holder after the development and sale of entire shame and after all amounts payable by the purchase are paid to the developer.

Handing over of original / certified copies of title deeds, service drawings, Etc.

The Developer should at the time of transfer hand over to the Society / Apartment Association /Company all original title deeds and related documents as well as all plans of the building including all external serves drawing and structural drawings.

Mediation in Disputes:

In Case there by any dispute of member of the Association with any person or flat holder or Government semi Government Body or authority or Local Authority and if the Association is asked to intervene, the managing Committee of the Association will consider such request and decide in its absolute discretion whether to intervene or not depending upon the merits of the case and wherever possible the Association will make efforts to resolve the said dispute by amicable settlement or otherwise on merit of the case. However, any such mediation, even, it be with the consent / concurrence of both the disputing parties, shall not be construed as an Arbitration under the India Arbitration Act.


Member bound by Managing Committee / General body Decision:

Any decision resolution pertaining to the code of conducts, that is taken or passed in the General Body Meeting or managing Committee Meeting is binding on the member of the Association, even if he has not attended the meeting providing that the item was on the agenda that was circulated