Observing that builders tend to hold back completion certificates only to get additional Floor Space Index (FSI) in future,the Consumer Disputes Redressal Forum (state consumer court) ordered Anirudhha Deshpande,director of City Corporation Limited,to issue completion certificate to complainants Ramesh and Jayashree Sable from Taware colony within six weeks of receiving the order.
The couple had bought a flat in the Amanora Township worth Rs 59.60 lakh and were given its possession one year ago,on July 7,without the completion certificate.
“We have come across several cases where builder and developers usually avoid not only giving completion certificate to flat purchasers but also getting the society registered…The purpose is to exploit the additional FSI available in future and therefore,keep the title on the flats of the flat purchasers incomplete,” the court order stated.
The Sable couple got possession of the flat in tower 2,sector R2 of Amanora Township on July 7,2011,without the completion certificate despite several reminders to City Corporation Limited. They had moved the Pune district consumer forum last year. On April 18 this year,the court bench of Anjali Deshmukh and S K Kapse had ruled in favour of the Sable couple and had directed City Corporation Limited and Deshpande to issue the completion certificate within six weeks of receiving the order.
However,Deshpande and City Corporation Limited appealed against this order in the Maharashtra consumer forum,citing that the completion certificate will be given to Sables on completion of the Township project and it cannot be given in respect of their particular flat. “The time granted by the district forum is very short and some more breathing time be given to the appellants (Deshpande and City Corporation Limited),” they submitted before the state consumer forum,through their lawyer Shirish Pitre.
The court bench of Justice S B Mhase,president of the forum,S R Khanzode,judicial member of the forum,and Narendra Kawde,member of the forum,did not consider this argument.
They observed that even if it is a township project,partial completion certificates are issued by Special Town Planning Authority. In the present matter also,partial completion in respect of building where the complainant occupied the flat can be obtained by the appellants.
Deshpande said he shall appeal in the National Consumer Disputes Redressal Forum against this order.