NEW DELHI: The Supreme Courtroom on Thursday dominated that the builder of a housing complicated stays legally certain to get ‘completion certificates’ for the construction even when the beleaguered EMI-paying flat house owners take possession of their homes previous to issuance of such mandatorily required certificates.
The reduction for 36 flat consumers in a Kolkata housing complicated, litigating since 2006 in opposition to RNR Enterprise builder, got here from a bench of Justices S R Bhat and Dipankar Datta, who criticised the Nationwide Shopper Disputes Redressal Fee (NCDRC) for saying that the flat consumers ought to get completion certificates for the construction as they took possession previous to the authorities issuing the certificates.
The SC mentioned, “True it’s, the appellants (flat consumers) ought to not have taken possession with out the completion certificates. Nevertheless, that was not a legitimate floor to not direct the respondents (builder) to use for and acquire the completion certificates as required by legislation.”
Beneath the Kolkata Municipal Company Act, it’s the obligation of the builder to use for completion certificates. “It’s no a part of the flat proprietor’s responsibility to use for a completion certificates,” it mentioned. The housing complicated is on Kailash Ghosh Street.
The flat house owners had additionally complained that the builder promised many facilities however failed to offer these, together with a playground, neighborhood corridor and a lake on adjoining land, which by no means got here into existence. The builder had mentioned that because the flat consumers had taken possession of their properties on ‘as is the place is’ foundation, they don’t seem to be entitled to any of the facilities.
The SC mentioned the flat house owners, by registering their properties, haven’t forfeited any proper over the promised facilities which weren’t offered by the builder. “It was the responsibility of the NCDRC to set issues proper,” it mentioned.
“We’re constrained to look at that the respondents (builder) have been let off by the NCDRC in a way opposite to legislation. That is an applicable case the place the criticism of the appellants (flat house owners) should be remitted to the NCDRC for taking a relook into the criticism in accordance with legislation. It’s ordered accordingly,” the bench ordered. Nevertheless, it additionally faulted the flat house owners for taking possession even earlier than the builder might get the competitors certificates for the housing complicated. “Undoubtedly, they’ve additionally been on the incorrect facet of legislation by taking possession of their respective flats with out the completion certificates, no matter is likely to be the compulsion,” the SC mentioned.