NCDRC orders Oberoi Realty to give Conveyance deed for Goregaon Housing Society

The National Consumer Disputes Redressal Commission has ordered Oberoi Realty and Novartis India Limited, the real estate developer, to complete the conveyance deed at Goregaon (East) in favor of a housing society.

After the housing society filed a complaint, claiming that the developers had not complied with their statutory requirements, the Commission ordered them to give the housing society ownership of the property.

The Oberoi Woods Cooperative Housing Society filed the complaint and claimed that there were serious leaks in over 400 apartments as well as parking space issues.

From May 3, 2008, when the occupancy permit was obtained, until July 10, 2014, when the complaint was filed, the developers had not provided the services that were agreed upon.

The complaint refers, “More than 400 flats are facing leakage problems, where either the work of concealed pipes laid in the flooring was not proper or waterproofing was not done properly, or the pipes were leaking”.

“Failed to convey their right, title and interest in the land and building to Complainant society within four months from the date of registration of society”, it stated.

The complainant also referenced a thorough analysis written by Shrikant Hadke, an interior designer and architect, who calculated that Rs. 6 crore would be needed to fix the leaks. Additionally, the complaint claimed that the developer had unlawfully assigned 106 parking spots to an apartment that was sold to Oberoi Construction Limited, a subsidiary.

Given that the lawsuit was brought in July 2014 and that possession of the apartments had been granted in September 2008, the developer disputed this, arguing that it was precluded by limitation. The developer further stated that on September 2, 2009, the society assumed responsibility for the upkeep of the common facilities and the corpus fund. According to the developer, they had tried to sign a lease that would benefit the housing organization. The complainants have not yet paid the unpaid balance, nevertheless.