Occupancy Certificate Sufficient Proof of Construction Completion, Rules Pune Consumer Court
The Pune district consumer court has established a new precedent: a municipal corporation-issued occupancy certificate to a flat buyer will definitively signify that construction has been completed according to the approved plan.
The court also clarified that a resident cannot classify their complaint as "representative" without adhering to specific requirements. Section 12 (1) (c) of the Consumer Protection Act mandates the complete publication of a notice regarding the complaint's representative status at the time of filing.
Complaint Rejection Due to Non-Compliance
A bench comprising O G Patil, V P Utpat, and Kshitija Kulkarni dismissed a complaint lodged by Kondhwa Khurd resident Anand Ranjalkar on Wednesday. Ranjalkar alleged that the builder of his housing scheme provided him with a 1BHK flat in Pune smaller than agreed upon and failed to obtain a completion certificate. He also sought common reliefs regarding the developer's alleged failure to establish a society and execute a conveyance process.
Ranjalkar purchased the property in the 'Kumar Prithvi' scheme, developed by Sukumar Township Development Private Limited in Bhavani Peth, for Rs 28.7 lakh in July 2007. The firm handed over possession on March 3, 2009.
Two years later, in July 2011, Ranjalkar filed the consumer complaint, asserting that the flat's super built-up area was 39.87 sqft less than stipulated in the agreement, based on measurements taken by an architect.
Agreement Stipulations and Representative Case Norms
Sunita Kinkar, representing the construction firm, argued that Ranjalkar was contractually obligated to refer any disputes to arbitration and had not met the criteria for designating his complaint as a representative one.
Consequently, the bench rejected Ranjalkar's application for publishing a notice for a representative complaint, deeming it an individual complaint. "The complainant, individually, cannot seek redressal regarding the formation of a society and execution of a conveyance deed. The repercussions for the complainant pertain solely to the area shortfall and completion certificate," the bench ruled.