Society Formation and charges till OC to be paid by the Promoter: Maha RERA

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By Legal Cell

In the case of Nilesh Patil & Others vs. Jayant Baburav Bhadange & Baburav Ganpat Bhadange (Complaint No. CC001000000010125),the complainants have filed this complaint seeking directions from MahaRERA to the respondent to pay the outstanding payment of building utility and provide the completion certificate under the provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the respondent’s registered project of the respondent known as “Vrindavan” bearing MahaRERA registration No. P51600004972 located at Nashik.

Facts of the case: The complainants have filed this complaint mainly raising following 3 main issues i) the completion certificate has not yet been received, ii) the respondents have not paid common area taxes which is issued in the name of the respondent as though it was responsibility of the respondents to pay the same such as electricity bill, water bill, property maintenance charges and

iii) the building has not been handed over to the allottees. Hence, the complainants have prayed for specific direction to the respondents.

The respondent on the other hand has refuted the claim of the complainants by filing written explanation on record of MahaRERA. It has mainly stated that it has obtained the commencement certificate from the Nashik Municipal Corporation on 27-04-2015 and the civil work has been done as per the building plan.

The respondent further stated that, after construction of the flat the complainants and other allottees requested it to give possession of their flats and accordingly considering the difficulties faced by the complainants and other allottees, the possession of the said flats have been given to the complainant. The respondent further stated that, the said fact was intimated to the complainants at the time of handing over the possession of their flats. Further, it has not used the Corporation water and hence, it is not liable to pay the water bill. In view of these facts, the respondent has prayed for dismissal of the complaint.

From the aforesaid submissions made by both the parties, the MahaRERA has noticed that the complainants have already taken possession of their flats in the year 2018 itself and till date the occupancy certificate has not yet been obtained by the respondent promoter. Further, from the webpage information uploaded by the respondent, it appears that though it has uploaded Architect Certificate Form-4, till date the occupancy certificate has not been obtained for this project, it shows that the project is still incomplete. The respondent promoter is under statutory obligation to obtain the occupancy certificate for this project as provided under section 11(4)(b) of the RERA, and till date the respondent has not complied with the said statutory obligation.

The complainants allottees have taken possession of their flats willingly without the statutory compliances being done by the respondent as cast upon it under RERA. Though the complainants allottees have occupied their respective flats in the said project, however, the said possession is not legal possession in the eyes of law. Hence, the MahaRERA is of the view that till the respondent complied with its statutory obligation to obtain OC, it is liable to maintain the said building at its own cost. Needless to state here that after OC, the respondent shall handover the said project to thesociety, who thereafter shall be liable to maintain the said building.

Order: In an order dated 12th April 2022, the respondent promoter directed to obtain occupancy certificate for this project within a period of 3 months from the date of this order. The respondent promoter shall also take appropriate steps from formation of society as required under section 11(4) (e) of the RERA and handover this project to the said society by obtaining OC. Till the date of obtaining OC, the respondent shall be liable to pay the outgoing charges towards the maintenance of the said building towards the property tax/water bill etc.

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