Nagpur: In a setback to Maharashtra Housing and Area Development Authority (MHADA), the National Consumer Disputes Redressal Commission (NCDRC) rejected its application to add Maharashtra Pollution Control Board (MPCB) and Nagpur Municipal Corporation (NMC) as respondents in a complaint filed by a city resident Mahesh Jain.
A division bench comprising justice Deepa Sharma and presiding member C Vishwanath directed MHADA to file a reply on its failure to obtain the environment clearance and occupation certificates for its ‘MHADA City’ project at Subhash Road. Earlier, the NCDRC had issued notices to MHADA chief officer and its contractor on the joint consumer complaint filed by the flat buyers.
The complainants, through counsel Tushar Mandlekar, claimed that they paid Rs45 lakh each for purchasing a flat from MHADA in 2012. However, they were yet to get the flats’ possession till date. They added that MHADA pocketed Rs128 crore from 320 prospective buyers, but failed in its promises.
Contending that hundreds of flat-buyers were aggrieved by MHADA’s conduct, the complainants pointed out that four extensions were illegally given to the contractor, IVRCL Limited, for completion of the project, which was yet to see the light of day. They further pointed out that MHADA failed to procure statutory permissions like building completion certificate, occupancy certificate, environmental clearance, and fire NOC.
They are now demanding a compensation of Rs37 lakh with an interest of 16% per annum from the date of payment to each of them. They also sought directives to MHADA to grant valid possession, sale-deed and relevant statutory certificates as early as possible.
Earlier, MHADA argued that MPCB and NMC had failed to give the environment clearance and occupation certificate and hence, should be made necessary parties. However, Mandlekar argued that consumers had nothing to do with these authorities and that it was MHADA’s responsibility to secure all statutory permissions.
A division bench comprising justice Deepa Sharma and presiding member C Vishwanath directed MHADA to file a reply on its failure to obtain the environment clearance and occupation certificates for its ‘MHADA City’ project at Subhash Road. Earlier, the NCDRC had issued notices to MHADA chief officer and its contractor on the joint consumer complaint filed by the flat buyers.
The complainants, through counsel Tushar Mandlekar, claimed that they paid Rs45 lakh each for purchasing a flat from MHADA in 2012. However, they were yet to get the flats’ possession till date. They added that MHADA pocketed Rs128 crore from 320 prospective buyers, but failed in its promises.
Contending that hundreds of flat-buyers were aggrieved by MHADA’s conduct, the complainants pointed out that four extensions were illegally given to the contractor, IVRCL Limited, for completion of the project, which was yet to see the light of day. They further pointed out that MHADA failed to procure statutory permissions like building completion certificate, occupancy certificate, environmental clearance, and fire NOC.
They are now demanding a compensation of Rs37 lakh with an interest of 16% per annum from the date of payment to each of them. They also sought directives to MHADA to grant valid possession, sale-deed and relevant statutory certificates as early as possible.
Earlier, MHADA argued that MPCB and NMC had failed to give the environment clearance and occupation certificate and hence, should be made necessary parties. However, Mandlekar argued that consumers had nothing to do with these authorities and that it was MHADA’s responsibility to secure all statutory permissions.
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