Section 15 in The Punjab Apartment Ownership Act, 1995
15. Enforcement of transfer.
(1)If the promoter, or the apartment owner, as the case may be, fails to execute a conveyance deed of apartment or an endorsement thereon under sub-section (1) or sub-section (4) of section 14 within three months, or does not comply with the provisions of sub-sections (3) and (4) of section 14 within three months of the execution of the conveyance deed of apartment or the endorsement thereon, or with the provisions of sub-section (1) of section 12 within three months of the date on which possession of the apartment is given, or, where the competent authority or the State Government has granted extension of time under the first proviso to sub-section (1) of section 14 within such extended period, the competent authority may, either on a complaint or suo moto, impose a penalty upto a maximum of five thousand rupees or five per cent of the price of the apartment, whichever is greater, for each apartment for which there is a default together with a further minimum penalty for each apartment of one hundred rupees for every day for which the default continues, and the penalty may be recovered as an arrears of land revenue :Provided that it will be incumbent on the promoter to execute the sub-lease only after the lease is executed in his favour, but the conveyance deed of apartment will have to be executed without waiting for the execution of the lease, as envisaged by the fourth proviso to sub-section (1) of section 14.(2)The penalty imposed in sub-section (1) shall be in addition to any action taken under the Indian Stamp Act, 1899 (Central Act No. 2 of 1899) or the Registration Act, 1908 (Central Act No. 16 of 1908), and if a penalty is imposed under the provisions of any of the aforesaid Acts, the promoter shall not be liable to penalty for the same reason under this Act or under any other law governing the apartment ownership.(3)On the failure of the promoter to execute the conveyance deed of apartment within the time stated in sub-section (1), the transferee may make an application to the competent authority in accordance with the provisions of sub-section (6).(4)On failure of the apartment owner to make an endorsement of the transfer of an apartment on the conveyance deed of apartment within the time stated in sub-section (1), the transferee may make an application to the competent authority in accordance with the provisions of sub-section (6).(5)On the failure of the lessee to execute a sub-lease within the time stated in sub-section (1), the apartment owner may make an application to the competent authority in accordance with the provisions of sub-section (6).(6)The applications under sub-sections (3), (4) or (5), as the case may be, shall be in the prescribed form for a certificate to be produced before the concerned registering officer for enforcing the registration of the transfer.(7)After making such enquiry as may be necessary and satisfying itself that the occupation certificate has been obtained from the authority required to do so under any law and that the applicant has done what he is required to do under the agreement, the competent authority shall issue a certificate to the registering officer that it is a fit case for enforcing registration and direct the applicant to present the conveyance deed of apartment, the endorsement on the conveyance deed of apartment or the sub-lease, as the case may be, though not executed by the other party, for unilateral execution of registration.(8)After the instrument along with the certificate issued by the competent authority under sub-section (7) is presented for registration, the registering officer shall cause a summons to be issued to the other party and if the other party fails to appear in compliance with the summons, the execution of the instrument shall be deemed to be admitted by that party and the registering officer shall proceed to register the instrument but if the party appears but denies the execution of the instrument and the registering officer, after giving the party a reasonable opportunity of being heard is satisfied that the party has failed to execute the instrument without sufficient cause, shall proceed to register the instrument.
