ORDER

Bharatkumar Pandya, Member.—Heard Mr. Anirudh Joshi, Advocate for the Complainant and Mr. Mayur Khandeparker, Advocate for OP 1 and Mr. Manoj, advocate for OP-2.

2. The complaint was originally filed on 28.07.2014 and subsequently amended twice on 27.11.2016 and 06.01.2017. As per amended complaint, the Complainant, a housing society registered under the Maharashtra Co-operative Societies Act, 1960, on 17.06.2009, is representing its members who have purchased their respective flats from the OPs. The complainant society was formed vide registration dated 17.06.2009 and took over the charge for day to day management of the affairs of the Oberoi Woods project developed by OP-1 comprising 600 units and simultaneously started corresponding with the OP-1 to execute deed of conveyance to transfer the rights, title and interest in respect of the property, as provided under MOFA vide letter dated 21.12.2009(Page 200), which was responded on 15.01.2010 by the OP-1 by citing MOFA provisions and pointing out that the lease is valid mode of conveyance and that after completing the sale of all the units and receipt of all outstanding amounts of dues from all allottees, the conveyance can be and shall be executed in favour of the complainant. The present complaint is filed against the OPs for not complying with their contractual and statutory obligations and consequent deficiency in service, namely, rectification of defects in construction, severe leakage problems in more than 400 flats, parking place, payment of interest on Corpus fund received on 02.09.2009 without interest, and for execution of deed of conveyance of the plot of land along with all structures standing thereon. OP-2 are the owners of a large piece of land admeasuring 47,346.50 sq. mtrs. OP-2 is the promoter under MOFA, 1963 as their name appears in the property card. OP-1 constructed three buildings under the project name “Oberoi Woods” consisting of three towers – A, B and C. All the towers have common basement, 2 level podium, stilt floor and 1 to 35 stories. Full OC was obtained on 03.05.2008 and thereafter the possession by most of the allottees was handed over by September 2008. OP-1 had promised to provide premium quality construction, recreation ground, internal roads, open spaces, terraces, swimming pool, club house, etc. to all residents of the Oberoi Woods. But till 10.07.2014, the date of filing of this compliant, OPs have failed to honour their commitment. Possession of flats has been given to the respective flat purchasers, however, right from the beginning, there are heavy leakages inside the flats and in the common areas. Very few leakages were temporarily repaired and the leakages are still continuing. More than 400 flats are facing leakage problem where either the work of concealed pipes laid in the flooring is not proper or water proofing is not done properly or the pipes are leaking. Despite repeated complaints, OPs have failed to rectify the same on permanent basis. In September, 2013, the complainant society appointed an independent Architect & Interior Consultant Mr. Shrikant Hadke to inspect the building, who, in his detailed report dated 12.11.2013 estimated the cost of repairs of leakage problems at Rs.6,17,50,000/-. OP 1 was obliged to provide one stretcher lift out of four lifts provided in each tower, which they have not provided. Further, none of the lifts are accessible to and from Podium no. 1. OP 1 informed to the complainant society that they have entered into a Premises Ownership Agreement dated 31.03.2012 for the sale of Flat No. 3503 on the 35th floor in ‘B’ wing to M/s Oberoi Constructions Ltd. along with 106 car parking spaces in Podium-I level. However, maximum car parking that can be allotted to any flat is only two and allotting 106 car parking is illegal and unjustified. By letters dated 02.05.2012 & 03.05.2012, OP 1 requested complainant to issue share certificate in respect of the said flat to Oberoi Constructions Ltd. Comp