Mumbai: In a huge relief to the home buyer, the Real Estate Regulatory Authority (RERA) directed the developer to obtain the Occupational Certificate (OC) and take back the demand letter which was issued to home-buyer for making balance payment towards cost of the apartment. The bench directed the developer to stop raising demands for balance payment towards the price of apartment till the OC is obtained and provide possession at the earliest.

The complainant Kanchan Roy had purchased an apartment in the developer ‘JSB Buildcon LLP’ project named Nakshatra Gardens situated in Vasai through a registered sale of agreement dated March 19, 2015 and the date of possession given was June 2017.  “The developer issued a final demand letter dated October 17, 2017 for possession, without the supporting architect’s certificate of completion of the building. Hence, my financer refused to disburse the amount for want of the certificate of completion of the building,” added Roy.

The complainant also prayed that the developer be directed to handover possession of the said apartment at the earliest along with the OC and also pay interest for the delay. The advocate for the developer submitted that the said project had been physically completed and that some of the allottees have already taken possession of their apartments.

“The developer has not been able to obtain the OC for the said proiect due to a public interest litigation filed in the Bombay High Court pertaining to the wetland issue and the matters incidental thereto,” said the advocate Nilesh Gala. He further argued that even though the proiect is complete in all respects, the developer is unable to commit to a timeline for obtaining the OC at this stage. “The developer will be taking back the final demand raised in October 2017 and will not raise any demands for the balance payment towards the consideration price of the said apartment till the OC has been obtained,” added the advocate.

Thereby, the Complainant agreed for the same. In view of the above facts, the RERA bench stated that the developer would endeavour to obtain the OC for the said proiect at the earliest. “Since the proiect is going through mitigating circumstances, the developer shall not raise any demands for the balance payments towards the consideration price of the said apartment till the OC has been obtained,” stated the order.

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