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RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Maharaja Retreat C. H. S. Ltd. – Appellant
Versus
Ravi Ashish Land Developers Ltd. – Respondent
ORDER
Heard Mr. Bhushan M Oza, Advocate, for the complainant and Mr. Amit Kumar, Sr. Advocate assisted by Ms. Vandana Sehgal, Advocate, for the opposite party.
2. Maharaja Retreat Co-operative Housing Society Limited has filed above complaint, for directing the opposite party to (i) complete all incomplete work as per sanctioned layout plan, obtain ‘Occupation Certificate’ & ‘Building Completion Certificate’ in respect of the building constructed on Survey No.261, C.T.S. No.620 (Part) of village Malad, Taluka Borivali, Mumbai Suburban district; (ii) to OPs-2 and 3 to accord all necessary permission within one month from the date of submission of the requisite documents by OP-1; (iii) remove tin partition between sub-plots ‘A’ & ‘B’ and all encroachments, illegal constructions on sub-plots ‘B’ & ‘C’ in conformity with the approved layout plan and provide additional area to make good the shortfall before execution of Conveyance Deed in favour of the complainant; (iv) execute the Conveyance Deed in favour of the complainant of the land and building constructed on Survey No.261, C.T.S. No.620 (Part) admeasuring 5546.26 sq.mtrs. of village Malad, Taluka Borivali, Mumbai Suburban distric
Failure to obtain an occupancy certificate bars the enforcement of possession and justifies a refund to flat buyers.
Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.
Possession of residential units can only be offered after obtaining necessary occupancy certifications and ensuring completion of promised amenities.
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
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