SHARMA PROPERTIES PVT. LTD. Vs. PRERNA CO

JUDGEMENT

(1.) Appellant was the Opposite Party before the State Commission where the Respondent, Prema Co-operative Housing Society had filed a complaint alleging deficiency in service on the part of the Appellant.

(2.) The brief facts of the case are that the parties had entered into an agreement dated 25.4.84 by virtue of which the appellant who was the developer was to construct the flats and handover the possession of the flat to a society formed by the flat owners. The construction was completed much later and occupation certificates were not obtained by the appellant on account of which the flat owners were getting deprived of certain basic facilities as also paying higher rates for facilities like water supply etc. Obtaining occupancy certificates is a mandatory requirement in Maharashtra. It is in these circumstances that a complaint came to be filed before the State Commission. The State Commission after hearing the parties directed the parties to seek relief before civil court, but on an appeal being filed before this Commission, the matter was remanded for fresh inquiry and passing order as per law. The State Commission after hearing the parties, passed the following order:-

(3.) "In all the complainant Society is entitled to Rs. 7,50,000.00 plus cost of Rs. 10,000.00 from the O.P. The said amount shall carry interest of 18% from the date of complaint till recovery. The OP shall obtain occupation certificate within 4 months from the date of this order, failing which the OP shall pay the penalty of Rs. 250.00 per day after the period of 4 months, to the society."