The SC bench comprising Justice DY Chandrachud and Justice AS Bopanna gave a verdict recently that brings a lot of relief to the home buyers on Occupancy Certificate. The Bench made it clear that the builder would have to make up for the losses caused to the home buyers if they hand over the flat without obtaining the Occupancy Certificate and other approvals. The buyers would have the right to claim compensation for the loss caused to them by the builder by not securing the OC and other approvals.
The buyers can get reimbursement of the higher water charges and taxes paid by them for want of the OC from the builder. The Bench struck down the NCDRC order given in favor of the builders on the OC.
The Bench gave the decision to the Samruddhi Coop Housing Society Limited of Mumbai that challenged the NCDRC decision in the SC. Society counsel told the SC Bench that the flat buyers in the society have been living in the structure for the past 25 years without any OC and as such they have to shell down 25 per cent more by way of property taxes and 50 per cent more water tax.
However, the builder argued that the flat owners should move court in 1997 when they took possession of the flat, but are complaining now after 18 years and hence the petition is not maintainable. But, the SC Bench did not concur with the argument of the builder.
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