BUILDERS FAILURE TO GET OCCUPANCY CERTIFICATE A DEFICIENCY IN SERVICE UNDER THE CONSUMER PROTECTION ACT: SUPREME COURT A bench of Justices D Y Chandrachud and A S Bopanna held that failure of a builder to obtain occupancy certificate is deficiency in service under the Consumer Protection Act, 1986. The petitioner in this case is a housing society which had entered into an agreement with the respondent, wherein the respondent had to construct wing ‘A’ and ‘B’ in order to sell the flats with individual purchasers in accordance with Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963 (MOFA). The petitioner in 1998 filed a complaint to National Consumer Dispute Redressal Commission (NCDRC) against the respondent stating that, there was an obligation on the respondent to provide the occupancy certificate and pay for the relevant charges till the certificate has been provided, however, the respondent time and again failed to provide the occupancy certificate to the appellant society. However, the NCDRC had dismissed the complaint on the ground that it was barred by limitation and that it was not maintainable since it was in the nature of a recovery proceeding and not a consumer dispute. Hence this appeal was filed by the petitioner in the apex court against the order of NCDRC, in which the apex court held that as the respondent was responsible for transferring the title to the flats to the society along with the occupancy certificate, the failure of the respondent to do so in deficiency in service for which the respondent is liable. Therefore, the members of the society are well within their rights as consumers to demand compensation, which has occurred due to the lack of occupancy certificate. Reddy and Reddy Law Firm has recognized experience in consumer protection disputes and we also represent consumer groups into various consumer disputes before all appropriate judicial forums.