ocp2res

Hi,
I have a query regarding a property by SCN Realtors Pune (Orange County Phase 2).

The following are the issues:
1) The builder (SCN Realtors Pune) has given possession to the building but completion certificate has not been provided since 4 years. There has been numerous follow ups with the builder since years but each time the builder has given one excuse or the other for not getting the Completion Certificate from PMC.
2) The builder has taken 1.5 lacs for covered car parking but has not provided any covered car parking to 10 flats out of 36 flats.
3) The building Orange County Phase 2 has recently won a Limca Record Award for being the first building in India to be 100% self sufficient in terms of green power or water - The reality is the green power never works and the solar heating system is a total failure. Now the builder is suggesting that each flat pays Rs. 15K to 20K to change the system. The garbage system has never worked till date. There are many issues with all the systems he has put in place with the contractors asking for huge sums to have maintenance contracts.
4) Within 4 years of construction, pieces of balcony/terrace has started falling over. It was lucky that few children playing on the ground were away from the spot else it would have been a huge tragedy.

What are the options we have get a quick and speedy resolution to these issues?

Priyanka88

Dear Punekar,

Prima Facie it appears that you have been grossly cheated by the Builder.
Non performance of the clauses agreed in the Sale deed amounts to criminal breach of trust, cheating as per our criminal laws.
Also the builder has failed to comply with the obligation of obtaining Completion Cerificate from PMC.

You have following options available to you as remedies:-

1) Lodge a criminal complaint against the builder and file a criminal case for criminal breach of trust, cheating and use of low quality material for construction and thereby endagering the safety of public/residents.

2) File a consumer complaint in district consumer forum and get damages in form of compensation.

3) In case your Society project is above 1 (One) Crore, then file a civil suit in Bombay High Court for getting interim relief for making the built infrastructure safe for residents and also for NOC and Completion Cerificate. ( This shall be a speedy remedy as compared to the above two)

** In case society project below 1 crore then you would be required to file civil suit in Pune City Civil Court.

4) Also you can approach Registrar of CHS and lodge a complaint.

You can contact me for further queries on adv.priyanka.pawar@gmail.com

Regards,
Adv. Priyanka Pawar
Advocate Bombay High Court