Action has been ordered against residents, occupying flats in a building, which hasn’t received an Occupation Certificate. MahaRERA orders Municipal Corporation to initiate action against builder and residents.
By Varun Singh
There are many buildings where homebuyers have been staying, in spite of a no Occupation Certificate (OC).
However, this would be one of those rarest time, when an authority has asked for initiating legal action against such residents.
MahaRERA recently asked the secretary, to bring to the notice of local Municipal Commissioner about residents in a building without an OC.
Actually the complaint was filed by the builder against the landowners stating that the latter was causing obstructions in completion of the project.
The project in concern is Nivrutti Heights being developed in Pimpri-Chinchwad Municipal Corporation limits.
The respondent in the case informed MahaRERA that although all the amenities weren’t provided yet 45 families were residing in the building.
MahaRERA member B D Kapadnis who was hearing the matter noticed that, almost 62 flats were constructed in the building, and according to the promoters who were the complainants only 1% work was left to be completed.
Kapadnis further noticed in his order that, 45 families were residing in the building, which is yet not completely constructed. And is not safe to live in absence of fire safety system. He further noticed that, these families were residing in the building without it having an OC.
Section 3 (2) (i) of MOFA 1963, prohibits a builder from inducting any person without completion certificate in the flats. It also prohibits the home buyer from taking possession of such flat without Occupancy Certificate.
Kapadnis mentioned that the promoter and the occupants have to be proceeded against by the Municipal Corporation under the Maharashtra Municipal Corporation Act.
Kapadnis said, “In view of this legal position, I find that it is necessary for this Authority to prosecute the complainants, respondents and all those occupants, who have occupied the premises without OC. Therefore, it is necessary to refer the issue to Municipal Commissioner for taking action in accordance with the law.”
MahaRERA, asked the secretary to bring to the notice of the Municipal Commissioner of Pimpri Chinchwad to take legal action against the offenders.
Also MahaRERA asked the respondents to not obstruct the completion of the project and installing of fire safety system.
The complainants were also asked to complete the project as per the sanctioned plan. They were also asked to provide amenities and fix all the defects pointed out by the respondents.
