If they fail to do so within a period of 10 months, the firm will have to pay Rs 100 per day till the time the documents are handed over
The State Consumer Dispute Redressal Commission has directed Cosmos Enterprises, a prominent real estate group in Thane, to hand over the occupation certificate and other necessary legal documents to occupants of Cosmos Park in Thane. If they fail to do so within a period of 10 months, the firm will have to pay Rs 100 per day till the time the documents are handed over.
Thane-based builder Suraj Parmar, who headed the Cosmos Group, had committed suicide by shooting himself dead on October 7, 2015. In its order, the commission has directed the 'legal heirs' to abide by its orders.
The residents of Cosmos Park, through their authorised representative Arun Ambardekar, had approached the commission seeking essential documents from the builders. According to the complaint, Cosmos Park Co-op Housing Societies "had indulged in deficiency in service and unfair trade practice so as to obtain Occupation Certificate in respect of Housing Society."
"The legal heirs of the firm is responsible and under statutory obligation under the Maharashtra Ownership Flats Act, 1963 (MOFA) to perform their statutory obligation as developers so as to convey the title, interest and right in the premises to the Federation of societies so that the Federation can maintain common areas and amenities including the office premises,"the complaint copy further says.
After construction and development of the building, occupancy permission is still awaited, the complaint states. The estate group in its reply prayed that it needs eight weeks time to facilitate the parties to obtain occupancy permission from Thane Municipal Corporation (TMC). The TMC had recently entered into correspondence regarding occupancy permission under an amnesty scheme, in accordance with which, the developer needs to pay certain amounts towards penalty for obtaining occupancy permission.
The order stated, "We are inclined to order the developer to incur necessary expenses under the Amnesty scheme with the TMC to obtain occupancy permission at their own cost."
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