The forum has also directed the firm to hand over the necessary certificates to the society members within six months, and pay the society an additional Rs25,000 towards legal expenses.
The case dates back to 1992-93, when Jay Enterprises raised a society named Kanakai Krupa in Borivli. The order copy states, “After the developer handed over the possession of the flats, the society members had asked the developer to get the society registered. However, the developer turned down their request. Finally, in March 1999, the society members themselves got it registered. Further, when the society members approached the firm demanding the occupation and transfer certificates, the firm didn’t hand them over.”
The society members filed a complaint against the firm with the consumer forum in 2003. When the forum asked the firm and its partners to file their reply, they claimed that the firm was ready to hand over the occupation as well as transfer certificates to the society members if they are willing to bear the expenses.
After going through the evidence, the forum held that the developer was at fault for failing to hand over the necessary certificates to the society members within four months of the society’s registration. It further claimed that in Maharashtra, it is mandatory for the builder to hand over the occupation certificate to the society members, which the firm failed to do.
Pranali Lotlikar @plotlikar
Published Date: Nov 09, 2013