In a recent order, Oberoi Realty Limited and Novartis India Limited have been instructed to provide a clear title of a 15,241-square-meter plot to Oberoi Woods Co-operative Housing Society in Goregaon, along with executing the conveyance deed at their own cost. The directive follows allegations by the society of both parties failing to fulfill their statutory obligations regarding the property.
The complaint, filed by the Oberoi Woods Co-operative Housing Society in 2014, cited extensive issues with the building, including severe leakage problems affecting over 400 flats and inadequacies in parking spaces. The society alleged that Oberoi Realty allegedly failed to deliver on promised amenities such as a recreation ground, swimming pool, clubhouse, and quality construction standards. According to the complaint, residents have faced recurring leakage issues, with temporary repairs offering little relief.
“Possession of flats was given to purchasers, but since then, there have been persistent leakages in the flats and common areas. Despite repeated complaints, Oberoi Realty and Novartis India have not resolved the issue on a permanent basis,” read the society’s complaint.
Oberoi Realty contested these claims, arguing that the complaint was barred by limitation, as the society filed it in July 2014, six years after residents received possession of flats in 2008. The developer emphasized that maintenance of common areas had been handed over to the society in September 2009, along with a corpus fund, thus shifting the responsibility.
Moreover, Oberoi Realty claimed it had attempted to execute a lease for the society but asserted that the society had not cleared its outstanding dues, a condition required under the agreement for finalizing the conveyance.
The housing society, however, argued that while residents are in physical possession of the property, Oberoi Realty and Novartis India still retain the title. They contended that, as per Section 11 of the Maharashtra Ownership Flats Act (MOFA), the developer was obligated to transfer the title to the society unconditionally within four months of registration, a commitment that has not been fulfilled. Instead, Oberoi Realty proposed a 99-year lease with specific access rights for Oberoi Foundation, which the society deemed unacceptable.
Oberoi Realty also dismissed the credibility of a report by architect Shrikant Hadke, which highlighted structural deficiencies, claiming it exceeded the architect’s scope and had been rejected by other judicial bodies. In response, the Commission noted that while structural deficiencies were evident, alterations made by some residents over time could have contributed to damages and leakages, which would not be the builder’s lifelong responsibility.
