Mumbai: The National Consumer Disputes Redressal Commission (NCDRC) has directed M/s Vishesh Enterprise, a Dombivli-based realty firm, to hand over the Occupation Certificate (OC) to all residents of one of its projects, which was completed in 2013.
Additionally, the firm has been ordered to reimburse the amounts collected from each member towards the formation of the society. The developer has also been asked to refund the amounts paid by the complainant society for maintenance, property taxes, and expenses incurred for water tanker services.
The commission further directed the developer to refund the entire money, along with 6% interest, calculated from the date of possession in 2013 until the date of ownership transfer through the conveyance deed. Additionally, the developer has been instructed to pay Rs 50,000 towards the society’s litigation charges.
Advocate Poonam Makhijani filed the case on behalf of the complainant society before the NCDRC. The complaint, filed by Vignesh Heights Co-Operative Housing Society Limited against M/s Vignesh Enterprises, alleged a deficiency in service, citing non-compliance with the developer’s obligations.
According to the complaint, the society was registered under the Maharashtra Co-operative Societies Act, 1960, in May 2013. Despite the developer receiving full consideration for the flats, it failed to obtain an OC from the Kalyan Dombivli Municipal Corporation.
Instead, the developer obtained a Building Completion Certificate from the Gram Panchayat, which was inadequate for proper occupancy. The lack of an OC resulted in irregular water supply, forcing society members to bear higher water charges.
The complainant society further stated that the developer had collected Rs 1,10,000 from each flat purchaser under various heads, including society formation, maintenance, and deposits for electric meter connection and development charges.
The total amount of Rs 69,30,000 was handed over to the developer. Despite this, the developer failed to form the Co-operative Housing Society, forcing members to undertake the process themselves at additional cost.
The developer also failed to execute the Conveyance Deed to transfer the plot and accrued FSI to the society, as mandated under the Maharashtra Ownership Flats Act (MOFA). Several requests and reminders were ignored, indicating deliberate neglect.
The society also raised concerns about the substandard construction quality of the building, citing issues such as water leakage, non-functional lifts, defective fire-fighting systems, and incomplete amenities like solar water heaters, rainwater harvesting systems, and garden areas promised in the agreement.
Furthermore, the stilt parking area was illegally converted into commercial shops, contravening sanctioned plans. No proper security measures, such as an entrance gate or a watchman’s cabin, were provided.
Despite several notices issued to the developer, there was no response, and the complaint was heard ex-parte.
After examining the evidence, the commission held that the building plan for the project was not sanctioned by any statutory body or municipal authority. It stated that it is the builder’s responsibility to provide essential amenities required for occupancy, such as electricity, drinking water, and sanitation, as well as the amenities promised in the agreement.
The commission found that these obligations were not fulfilled and directed the developer to compensate the society for the deficiency in service.
