Commission directs conveyance be done within 2 mths of society getting OC

Ashutosh M ShuklaUpdated: Monday, December 12, 2022, 02:52 AM IST
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Mumbai: A district consumer commission has directed developers and the original owners of a land to help the society with the conveyance deed after the latter gets the occupation certificate (OC). The society had approached the commission after there was no OC and conveyance deed made available. The commission observed that society had agreed with one of the builders that it will arrange for the OC and so the developers, owners and architect are directed to provide all help needed and provide the conveyance deed once the OC is obtained. The commission also ordered Rs75,000 as compensation towards mental agony and litigation costs. The monetary part is to be paid in two months.

The order pronounced on Oct 21 (uploaded Dec 8) was passed by SS Mhatre (president) and MP Kaskar (member) of the District Consumer Disputes Redressal Commission (DCDRC), central Mumbai. It was passed on a complaint by New Prince Regency Cooperative Housing Society, through its secretary against Sion-based Kaushal Realtors Pvt Ltd, Goregaon-based Fivestar Industries Pvt Ltd and Bhayandar-based Harishchandra Thakur, Chintaman Thakur, Krishna Thakur, Kamlabai Mhatre, Yamunabai Patil and architect DN Patel.

Kaushal is the promoter / developer of the land and Fivestar is the original promoter / developer of the land measuring 2,880sq m in Thane district. Kaushal constructed Prince Regency on the said land and the latter filed a case when it did not get the OC and conveyance deed pertaining to the land.

When Prince filed the complaint, it got to know that parties other than the two developers and architect are the real owners and promoters of the said land as per the 7/12 extract and certificate of title, without which the conveyance cannot be executed. The complainant stated that the opposite parties have failed and neglected to comply with their contractual and statutory obligations of executing the conveyance in the name of the complainant society and in obtaining the OC, commencement certificate, building completion certificate and other relevant documents in favour of the complainant society.

The complaint also stated that the opposite parties have failed to repay the assessment taxes and land revenue charges paid by the complainant society, and to refund the advance maintenance charges. The society cited this as a deficiency in service and filed the present complaint through its secretary.

Kaushal stated that the sanctioned plan on the plot consisted of two buildings, 'A' and 'B', of which one was Prince. But as there was an open space shared by both buildings with no demarcation, responsibility of demarcation was with Fivestar and most of the land had already gone DP Road. Kaushal stated that subject to the technicalities and formalities, they were willing to take steps provided Fivestar is willing to come forward on it. Regarding the OC, Kaushal said that the managing committee of Prince had taken it upon itself to obtain it and even taken the amount for the same and so Prince alone has to face the consequence of paying the additional amount. Fivestar denied all allegations and said that they are not even the original owners.


The commission observed that since 2006, Prince made follow-ups for the conveyance deed but did not get any reply. With respect to the OC, it said that the managing committee of Prince had an agreement with Kaushal that the society would obtain the OC later and even got Rs3.5 lakh towards dues. The commission rejected the demand of Rs10 lakh compensation with interest for no OC. However, it said that not giving the conveyance deed was a deficiency in service and directed developers and owners to give the same within two months of the OC coming by and directed the architect to help with the same.

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