‘Can’t blame builder if occupant’s illegal construction holds up OC’, says State Consumer Dispute Redressal Commission
The builder’s advocate Baliram Kamble said the builder could not obtain OC as two society members had carried out unauthorised work and alterations.Updated: May 06, 2019, 23:47 IST
A developer cannot be held responsible for not obtaining an Occupation Certificate (OC) if the process is stalled owing to illegal constructions carried out by occupants, the State Consumer Dispute Redressal Commission held on Monday.
The certificate is proof that the building was constructed without breaking any rules and building codes.
The commission was hearing an appeal filed by city-based developer and the occupants of Capri Heights in Pali Hill, Bandra, against a 2012 order by the District Consumer Dispute Redressal Forum, asking the builder to obtain OC within four months of the receipt of the order.
The builder’s advocate Baliram Kamble said the builder could not obtain OC as two society members had carried out unauthorised work and alterations.
“[If] any flat occupants have executed any unauthorised work or construction, such unauthorised work, which is incapable of being regularised or intolerable, may have to be removed by the competent local and planning authority,” the Commission observed.
However, the society members claimed the builder failed to obtain OC and also made false promises about it. They said they had to take possession of their flats in 2009 owing to compelling circumstances and had paid advance maintenance charges for 2009 to 2012.
The commission has now ordered for the demolition of the unauthorised structure or alterations from the flats after a 24-hour notice, and directed the builder to obtain the OC and other statutory permissions.
The commission held that according to the Maharashtra Ownership of Flats Act, the builder is duty bound to construct the structure as per the sanctioned plan, and then obtain the OC. It also refused to interfere with the order of the forum.