Mumbai: The State Consumer Disputes Redressal Commission (SCDRC), Maharashtra, has directed a developer to handover lawful possession of a flat along with Occupancy Certificate (OC) and all amenities within six months to a Mulund-based family besides compensating them with Rs five lakh towards mental agony and Rs 50,000 towards cost of litigation that they had to face.
The order dated August 17, 2022 was passed by Justice SP Tavade, president and AZ Khwaja, judicial member of the commission. The order was passed on a complaint by Rahul Karnik and Sonali Karnik.
The duo had booked a flat with M/s Enkay Castle. The flat was booked in a building called "Daisy" part of the Enkay Garden that consists several buildings having residential flats at village Wavanje in Raigad district. The cost of the flat was Rs 14.27 lakh.
When the Karniks entered into an agreement in May 2010 with the developer, they were promised lawful possession of the flat within two years from the date of the agreement. For that, they paid the entire amount of Rs 14.27 lakh.
When the developers gave possession of the flat in September 2013, the flat had neither electricitynor water supply. On inspection, the Kariniks foundthatthe entire work of the flat and building was incomplete.
This despite the builder taking maintenance charge from the complainants. There was no OC in place. Complainants alleged that the possession was given on assurance that flat was complete in all respects, and signatures were obtained fraudulentlyonthebasis of alleged possession receipt.
During the hearing, the builder denied that false possession was receivedor signatures were taken in a fraudulentmanner. Andinsteadstated that since the complainants took possession of the flat in September 2013, there was no town planning authority and hence they could not take OC.
They addedas the area of construction was under Navi Mumbai Airport Influence Notified Area (NAINA), no development plans were prepared. The commission observed that the opponents were under the obligation to obtain the OC and provide all amenities as per the terms and conditions of the agreement before handing over the physical possession after having accepted the entire consideration. Not doing so was a deficiency in service.
