The Supreme Court has clarified that the responsibility of obtaining the completion certificate (CC) for the housing complex vests entirely with the builder. Even if owners take possession of their flats, pending issue of the completion certificate, it is the responsibility of the builder to obtain the completion certificate. The SC found fault with the verdict issued by the National Consumer Disputes Redressal Commission (NCDRC) on the issue. In fact, as per the rules the buyers are prohibited from taking possession of the flats pending issue of the CC. It does not mean that the buyers are responsible in obtaining the CC.
To this extent a ruling was issued by the SC bench comprising Justice SR Bhatt and Justice Dipankar Dutta. There is a housing project on Kailash Ghosh Road, Kolkata. In fact, 36 flat owners occupied their flats pending issue of the CC. However, the builder relinquished his duty to obtain the CC and advised the flat buyers to apply for the same and obtain it from authorities. When they approached the NCDRC on this, it ruled in favor of the builders. The buyers challenged the decision in the Supreme Court. The court upon hearing the plea made it clear that it is the responsibility of the builder to obtain the completion certificate. At the same time, it remarked that it is not proper on the part of the buyers to occupy the flats prior to the issue of the CC.
