PRESENT

                   Complainant Absent.    

                   Oppoent  Absent.                 

                                        ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President)

1.                The complainant is a registered co-operative Housing Society developed under provisions of  slum Rehabilitation Act.   The opposite party acquired rights and consent of Slum dwellers for constructing the buildings at CTS No. 1376, 1377, to 1380 and 1382 and new CTS  No. 1372 of Villege Bandra (W), Mumbai.

2.                The opposite party developed two buildings ‘A’ and ‘B’ wing, for rehabilitate  Slum dwellers and for sale.  The members of the Society purchased flat during 2004-2005 in ‘B’ wing of society.  Mr. Sadanand Shetty was chief promoter of society and also a partner of opposite party.

3.                The complainant alleged that opposite party represented to all flat purchasers that he has obtained occupation certificate for whole building ‘B’ i.e. ground + 7 floor, but society building has occupation certificate for only ground + 5 floors.

4.                The complainant alleged that there are 16 flats i.e. eight flats each on sixth and seventh floor.  The possession of flat was given to members during June 2004 to March 2005.   The opposite party has received all amount as per market rate as per agreement.

5.                The complainant  alleged that, opposite party forced members of society to go through agony of facing problems of not having occupation certificate , which is legal document for the flat owners, to show that they are legal occupants of the said flat.

6.                The complainant claimed Rs.15 lacs from the opposite party for their act of deficiency in services and mental agony for the period of 2004 till this date.

7.                The complainant prayed for direction to opposite party to provide necessary occupation certificate  for whole building of society and pay Rs. fifteen lacs to complainant society.

8.                The opposite party filed written statement and resisted the claim.  It is contended that construction work of the Rehab building as well as sale building has been completed successfully and permanent accommodation has been given to flat owners of society.

9.                The opposite party stated that, complainant society was formed and all affairs have been handed over to office bearers of society.  The opposite party applied for sub-division of plot to collector  which has been considered and separate property card is issued as per sub-division order dated 3.11.2009.

10.              The opp. stated that  as per guidelines under the DCR 33(10) of Maharashtra Slum areas ( I.C. R.) Act, 1971 the conveyance deed of the opposite building will be executed after getting  approvals from competent authority to convey land in the name of both societies.

11.              The opposite party alleged that, the moment approval for conveyance, all rest obligations and formalities for getting occupation certificate will be complied.  It is specifically denied, that opposite party represented to all flat purchasers of society that he has obtained occupation certificate for whole building.

12.              The opponent denied all other allegations stating that there is no substance in the complaint and no cause of action to file complaint.  The prayer is made for dismissal with cost.

13.              We have perused all documents filed by both parties. Admittedly, complainant is a society registered on 5.11.2007.  The society is formed in respect ‘B’ wing of the building.  The members of complainant society have purchased their flat during 2004.2005.

14.              The opposite party argued that after getting the necessary approvals from competent authority which are pending, the balance occupation shall be obtained to the remaining 6^th and 7^th floor of ‘B’ wing.

15.              The letter dated 9^th March, 2011 sent by opp. to complainant show that due to change of administrative policy of government, the issue for obtaining full O.C. for 6^th & 7^th floor of ‘B’ wing  is pending for decision.  The opposite party  is under an obligation to inform the society progress report and steps taken for obtaining full occupation certificate.    The failure to do so is deficiency in service.

16.              The residents of on 6^th and 7^th floor of ‘B’ wing building in particular and all members in general are subjected to mental agony, due to failure of opposite party for obtaining occupation certificate.  The opp. failed to prove that it was impossible to obtain O.C. due to reasons stated in the written statement.

17.              The complainant is entitle for seeking direction to opposite party to obtain full occupation certificate and payment of compensation.  There has been delay for more than 13 years , in obtaining occupation certificate as possession was handed over  without occupation certificate in 2004-2005.  We quantify the amount of compensation Rs.2,00,000/- (Two lacs).

18.              In the result, we pass the  following order.

                                                ORDER

1.                RBT complaint No. 451/2011 is partly allowed.

2.                 The opposite party is ordered to obtain occupation certificate for

                     whole  building of society within six months , failing which pay

                   Rs.500/- par day till obtaining full occupation certificate.

3.                The opposite party is ordered to pay Rs.2,00,000/-(Two lacs ) as

                   compensation to complainant for inconvenience  caused to

                   members  of  society within six months, failing which pay interest

                   @ 9 % p.a. from the date of filing of complaint i.e. 1.10.2011.

4.                No order as to cost. .              

5.                Copy of this order be sent to both parties. .