The state consumer disputes redressal commission (SCRC) has expressed serious concern over government agencies issuing no-objection certificates (NOCs) to developers despite several mandatory approvals, compliances and infrastructural requirements remaining incomplete.The order came while deciding four consumer complaints filed by purchasers of commercial spaces in the project. (HT File)The panel issued a slew of directions to authorities and asked the Punjab government to consider framing a stricter mechanism and accountability framework for issuance of occupation/completion certificates so that the same are not reduced to mere “paper formalities”.“This commission expresses serious concern over the recurring practice in Punjab and Haryana whereby authorities such as Greater Mohali Area Development Authority (GMADA), municipal councils and other local bodies issue occupation/completion certificates despite several mandatory approvals, compliances and infrastructural requirements remaining incomplete,” it observed while dealing with complaints against a Zirakpur project Maya Garden Magnesia, where it found that NOC issued was conditional but the developer gave possession of the property.‘Premature possession lets builders impose maintenance charges’“Occupation/completion certificates are meant to certify that a project is fully complete, legally habitable and compliant with all statutory norms. Issuance of such conditional certificates defeats the very purpose of the regulatory framework. Such practices enable builders to prematurely offer possession and impose maintenance and other charges upon consumers despite incomplete projects,” it remarked adding that merely handing over keys and obtaining signatures on possession documents cannot amount to lawful possession when a project lacks mandatory statutory compliances and essential facilities.Complainants flagged missing power connections, fire safety normsThe order came while deciding four consumer complaints filed by purchasers of commercial spaces in the project. The complainants alleged that despite receiving possession letters, the project remained incomplete and lacked crucial infrastructure, including adequate electricity arrangements andfire safety systems. They also challenged the builder’s demand for maintenance charges despite the alleged deficiencies.The developer had claimed that possession had already been delivered and accepted by the buyers.The commission found that municipal authorities had repeatedly flagged deficiencies in the project and issued notices to the developer. “It is also significant that, after issuance of such certificates, authorities are often compelled to issue notices, cancel fire NOCs and even seal portions of projects, thereby demonstrating that the projects were not fit for occupation at the relevant time. This commission is of the considered view that occupation/completion certificates cannot be treated as provisional permissions subject to future compliances. Such certificates must be issued only after the competent authority is fully satisfied that all statutory approvals, NOCs and infrastructural requirements are complete and functional,” the panel observed.It asserted that consumers should not be compelled to suffer on account of incomplete and legally deficient projects. Hence, issued directions to GMADA, Municipal Council Zirakpur, municipal corporations, local government authorities and all other competent authorities dealing with grant of occupation/completion certificates in Punjab and Haryana are to comply with directions of this commission.“This commission hopes and trusts that the competent authorities shall take corrective measures in larger public interest so that innocent consumers are not subjected to avoidable hardship, financial burden and safety risks on account of premature and conditional certifications issued in favour of incomplete projects,” it said while stating that this order be sent to the chief secretary, Punjab; principal secretary, department of local government, Punjab; chief administrator, GMADA; and director, local government, Punjab for necessary compliance.