MUMBAI: Over 3,000 families residing in DB Ozone, Dahisar East, may finally see progress in their prolonged pursuit of an occupancy certificate (OC) following a Bombay High Court directive to the National Consumer Disputes Redressal Commission (NCDRC) to fast-track hearings and deliver a timely judgment.
During a hearing on June 9, the High Court instructed the NCDRC to hold a formal hearing within 30 days and issue its final judgment within 60 days. This ruling has stirred hope among the residents who have been in limbo for more than 12 years after taking fit-out possession of their flats over a decade ago. They argue that the lack of an OC has hindered the establishment of a cooperative housing society.
The Mira Bhayandar Municipal Corporation (MBMC) has yet to issue an OC for the project developed by Neelkamal Realtors Suburban Private Limited, closely linked with DB Realty.
Residents attribute the delay to the developer’s alleged non-compliance with obligations under the Rental Housing Scheme (RHS).
Some residents have sought compensation from the NCDRC for delays in the possession process. Their complaint was scheduled for a final hearing in 2021, but there has been no advancement. Consequently, residents approached the High Court for expedited directions.
“Numerous residents purchased their flats in 2009 and 2010, immediately after the project’s launch. The developer promised delivery by 2012, which was unilaterally postponed to 2014,” said Amitoj Singh, secretary of the Home Buyers Association.
“Many homebuyers took housing loans and, despite not receiving possession, are burdened with both monthly instalments and rent.”
Residents contend that the developer continues to levy maintenance charges and transfer fees without transparency owing to the absence of an established housing society.
According to the residents, the developer previously charged maintenance fees of Rs 3 per sq ft on the super built-up area, while transfer fees for selling flats were Rs 500 per sq ft. “My 1.5-BHK flat incurs quarterly maintenance charges of Rs 11,745, plus GST. As part of a housing society, we could have avoided the 18 percent GST,” stated resident Shreekanth Poojary. Another resident, Navin Mishra, noted that the developer maintains a sales office within the premises, where staff collect maintenance and transfer fees from residents.
Residents accuse the developer of “extorting and extracting” money under the pretext of complex maintenance.
In an email response, Vinod Goenka, director of Neelkamal Realtors Suburban Private Limited, explained that MBMC withheld the OC due to issues regarding the handover of rental housing tenements.
“We have challenged the order in a Special Leave Petition, which is pending before the Supreme Court. While awaiting final disposal, the Supreme Court instructed MBMC to process the OC. This issuance is underway and should be completed soon,” Goenka mentioned.
However, Goenka’s assertion does not entirely align with the Supreme Court’s order.
On May 22, the Supreme Court mandated MBMC and the Mumbai Metropolitan Region Development Authority (MMRDA) to carry out a joint survey and submit a report regarding other factors impeding the issuance of the OC.
Residents continue to shoulder the financial burden of maintenance charges and transfer fees while awaiting a definitive timeline for the OC issuance and the formation of a housing society.
