Water is an integral part of ones life, when a developer argued that he had OC, but RERA found out that there was no water connection. Thus terming it meaningless.
By Varun Singh
Water is the an important aspect of life, without water living is difficult or rather cannot be sustained.
Recently a homebuyer approached MahaRERA stating that the builder had delayed possession.
However, the builder contended that he had already received completion certificate.
But still an important aspect was found by MahaRERA realted to water which later on switched the entire matter in favour of the homebuyer.
Homebuyer Kiran Jadhav had booked an apartment in the building Pebbles Highmont in Hinjewadi Pine, in 2015.
The homebuyer claimed that he was assured possession withint 36 months from the date of plinth certificate.
The architect issued the plinth certificate in Decembber 2015, and the PMRDA issued it in July 2016.
Thus the homebuyer claimed that he was get the possession by December 2018 as per architect certificate and July 2019 as per PMRDA certificate.
The hombuyer alleged that the builder failed to handover the possession as agreed and was seeking interest on the payment made by him.
The builder claimed that the complaint was immautre as it was filed on July 17, 2019. While the developer had applied for completion certificate on July 12, 2019 and received it on October 24, 2019.
The builder said he was willing to handover the possession to the homebuyer provided he makes the balance payment.
The homebuyer has made a payment of Rs 44.74 lakh out of Rs 45.62 lakh. the builder claimed Rs 1.70 lakh as interest on delayed payment too.
MahaRERA Member II, B D Kapadnis, who hearing the matter noted in his order, that the builder had applied for water connection on September 30, 2020.
Kapadnis in his order has defined Occupancy Certificate.
“Section 2(zf) of the RERA Act defines an occupancy certificate to be a certificate issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity.”RERA Act
Thus Kapadnis stated in his order that till September 30, 2020 the project did not have water connection and therefore though PMRDA had issued part occupancy certificate on October 24, 2019 it was meaningless.
A project shall be deemed fit for occupancy or completed only when all the civic amenities defined by the Occupancy certificate are provided to the project.
Kapadnis later held a period of 30 days fo the water connection to be provided to the project.
Thus he held that the project was not complete in all respect for occupation till October 31, 2020 and ordered the builder to pay interest to the homebuyer for delayed possession.
The builder was directed to pay interest at 9% per annum to the hombuyer on the amount paid by him on or before July 12, 2019 and on subsequent payments made till October 31, 2020.
The builder was also directed to handover the possesswion within 15 days of receiving final payment and also was directed to pay Rs 20,000 to the homebuyer towards cost of complaint.