MUMBAI: Oberoi Realty Limited and landowner, Novartis India limited, have been directed by the National Consumer Disputes Redressal Commission to execute the conveyance deed in favour of a housing society in Goregaon (East). The Commission has directed them to transfer ownership of the property to the housing society after the latter filed a complaint alleging that the developers had failed to comply with statutory obligations.
The complaint was filed by Oberoi Woods Cooperative Housing Society, which has also alleged that there were severe leakage problems in more than 400 flats, and problems with the parking space. After receiving the occupancy certificate on May 3, 2008, till the date of filing the complaint, which is July 10, 2014, the developers had failed to comply with the services promised. โMore than 400 flats are facing leakage problems, where either the work of concealed pipes laid in the flooring was not proper or waterproofing was not done properly, or the pipes were leaking,โ said the complaint.
The complainant also cited a detailed report prepared by an architect and interior consultant, Shrikant Hadke, who estimated that the cost of repairs due to the leakage problems would amount to โน6 crore. The complainant also alleged that the developer had illegally allotted 106 parking spaces to a flat sold to its subsidiary company, Oberoi Construction Limited.
Even though the society had taken physical possession of the land, the developer had not executed a deed of conveyance and โfailed to convey their right, title and interest in the land and building to Complainant society within four months from the date of registration of societyโ, stated the complaint.
The developer contested this, stating it was barred by limitation, pointing out that complaint was filed in July 2014, although possession of the flats had been given in September 2008. The developer added that the responsibility of maintenance of the common areas and the corpus fund was taken over by the society on September 2, 2009. The developer said they had made attempts to execute a lease in favour of the housing society. However, the complainants are yet to pay outstanding dues.
They argued that until โconstruction of all the buildings on the land is completed, and until all the flats and other premises in the buildings are sold, and also until all the outstanding dues of the allottees are receivedโ, the developers cannot execute a lease or conveyance.
The developer also refuted all allegations of structural deficit, submitting that there are no pending works involving leakage. They added that they have fulfilled their responsibility under the three-year defect liability period as prescribed under MOFA act (Maharashtra Ownership of Flats) Act. They alleged that any โstructural issues or substandard quality issues were a result of unauthorised alterations by the allotteesโ.
The Commission, however, partly allowed the complaint, directing the developer and the landowners to convey โthe clear title of a plot of 15,241 sq mtr land as specified in the Premises Ownership Agreements (POA) signed with the members of the housing societyโ within six months. The court also directed the developer to submit the consolidated statement along with individual demand letters relating to the outstanding statutory and dues required to be paid by the members of the housing society.
Regarding the structural deficits pointed out by the complainant, the Commission observed that the โstructural changes/alteration of flats by some individual members from time to time also led to some damages/leakages, which cannot be the liability of the builder for life timeโ. The Commission added that the report filed by the architect could not be relied upon as similar reports by him were previously rejected by other judicial forums.
