Builders Fined 5,00,000 for not obtaining Occupation Certificate

A report appearing in Times of India, dated 27th Feb 2008 shows how two builders were slapped with a fine of 5,00,000 for not obtaining mandatory occupation certificate for the buildings they had built.

Other societies should take this as a welcome development and approach the consumer court against builders who have not provided them OC's.

Read the article below

Builders must pay society for not procuring OCs
Kandivli Residents Have Waited 17 Yrs For Documents
Rebecca Samervel | TNN

Mumbai: The consumer court recently ordered two developers to pay Rs 5 lakh to a Kandivli-based society for not procuring Occupation Certificates (OC) on time in 1994. It was argued in court that for 17 years the residents have had to pay more taxes to the Brihanmumbai Municipal Corporation (BMC) owing to the lack of OCs for three wings.

The Mumbai Suburban District Consumer Disputes Redressal Forum recently passed the order involving the main construction company, Dwelling House Construction Company, and the successor developer Conwood Agencies Pvt Ltd. The two firms also flouted several civic rules and will now have to pay the BMC a fine to procure the OC.

The forum observed that under the Maharashtra Ownership of Flats Act and development regulations it was a statutory obligation of the promoter, builder or developer that a flat is not to be handed over to the purchaser without an OC having been obtained from the competent municipal authorities.

Pushp Heritage Cooperative Housing Society Ltd has 168 members occupying six wings. Pushp’s lawyer Uday Wawikar said that the society in its complaint filed before the forum on September 6, 2007 mentioned that the builder had failed to get the OCs for wings D, E and F within the reasonable time. The members had occupied the flats in 1994. On account of the absence of an OC, the members had to pay higher water and municipal charges and suffered financial losses. The OCs were obtained for the A, B and C wings in 2001.

The complainants pursued the matter with both companies by making oral requests and also served a legal notice in October 2005.

In its reply, Dwelling House Construction Company said that due to “certain technical reasons”, the BMC had delayed granting the OCs. The company also submitted that it was not negligent and was pursuing the matter at the appropriate level. It also denied that the society was paying higher taxes. Conwood Agencies Pvt Ltd denied its role and said that obtaining an OC was the responsibility of Dwelling House Construction Company.

The forum refused to buy the defence of both the companies. The forum also relied on the reply filed by the BMC. The BMC told the forum that, initially, plans were approved only for the A, B and C wings and they were to have stilt and upper floors. But during an inspection it was found that the building was constructed beyond the sanctioned plan. A notice was issued in 1996 and the BMC blamed the irregularity for not issuing the OCs.

Even after the BMC sent reminders about the payment of regularization fees, the developers ignored the letters.

Concluding that the real cause of non-issuance of the OCs by the BMC arose out of non-payment of taxes and cess, the forum held the firms guilty of deficiency of service.

People who would like to contact the successful lawyer can use the following information
Mr. Uday Wavikar
+(91)-(22)-23525137
+(91)-9969123161, 9820504396
28/43 3rd Flr Tardeo A/C Market, Tardeo, Mumbai - 400034

Illegal Banners in Bombay (Mumbai)

All of us see them while traveling along the roads and trains. They are an eyesore and more often than not we just tend to ignore them.

But they can cause some serious problems. Like when they are put up blocking traffic signals, they can be fatal.

I am talking about the ubiquitous banners put up all political parties all over the city.

You can report them to the officers of the Municipal Corporation. Use the numbers given below.

Forest Land Case Verdict Delayed

It seems that the Supreme Court is going to take more time to resolve the contentious forest land issue in Mumbai.

According to report appearing in the Times of India dated 10th February, the 2 Judge Bench of Supreme Court has requested for enlargement of the bench to include more judges before it can come to any conclusion.

This news is likely to cool down galloping property prices are apartments in the buildings that exist of forest land can not be sold or re-sold till the issue is resolved in the Supreme Court.

You can read the TOI report here