Flat-buyers can insist that builder meet OC conditions

Thane District Consumer Forum ruled that builder has to fulfil conditions laid by the civic authority while granting OC, even if such conditions are not mentioned in the sale agreement

Thane: The Thane District Consumer Forum has ruled that builder must abide by the conditions laid down by civic authority while granting the occupation certificate (OC), even if such conditions are not a part of the sale agreement with flat buyers, reports PTI.

 

President of the Forum RB Somani and Member Jyoti Iyer passed the ruling last week on a complaint filed by Sarvottam Co-operative Housing Society against city-based Radhakrishna Developers.

 

Accordingly, the construction of the 7-story building was completed in mid-2005, but it developed leakages in the first monsoon itself.

 

The builder did not do anything to fix the problem, nor did he get the society registered, the complaint said. Also, no rainwater harvesting facility and solar water heater unit were installed, despite the conditions laid down by the civic corporation while giving occupation certificate.

 

The society also said that builder had not returned one of the flats, which he had been using for his office.

 

The builder argued, among other things, that rainwater harvesting system and solar system were not promised in the sale agreement.

 

However, the Forum said that the builder was supposed to meet the conditions laid down by the corporation in the OC.

 

The Forum ruled that the builder must pay damages of Rs9.4 lakh to the society on various counts.

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