Promoters and Builders hand over flats to the purchasers of the flats without OC and later pass on the blame for not getting OC to the purchasers – as due to alterations made by purchasers of the flats.
And they delay the conveyance…
This situation has been considered by the Maharashtra State Consumer Commission in a number of decisions.
In “ Jyoti Avenue Cooperative Housing Society vs. M/s. Jyoti Developers and Builders and others in Complaint No.CC/11/78 order dated 24th October, 2018, this Commission has observed as follows:
“As in most of the cases it is a defence of promoter that flat purchasers have taken the possession for furnishing or fit out possession and continued in possession and have done some alteration which is not allowed and hence, corporation is not giving Occupancy certificate and building completion certificate. However the promoter cannot take such difference for the simple reason that the law mandates that, he should not handover possession to the flat purchaser unless he obtained building completion certificate. It is the duty of the promoter to complete the construction in all respects, to obtain building completion certificate and then only hand over possession to the flat purchasers. Therefore if any alteration or addition is done by flats purchasers, in that case the flat purchaser would be responsible.”
The above and a number of decisions have been considered by the Maharashtra State Consumer Commission and this legal position has been reiterated in the following recent decision:
STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI
CONSUMER COMPLAINT NO. CC/11/5 Date of order 22.1.19
Shree Saidham CHS Ltd. – Complainant
Vs.
M/s. Vaibhav Development Corporation and others
