Illegal alterations don't justify absence of occupancy certificate

A builder cannot escape his liability to obtain the OC by blaming the buyer for illegal changes

Santosh Nanabhau Doke had booked a flat in Shreerama Residency, which was being constructed by Shreerama Shree Constructions at Titwala. Possession of the flat was given without obtaining the Occupancy Certificate (OC).

Doke lodged a complaint before the Maharashtra State Commission against the builder, its director Anilkumar Singh and the society. He alleged that the building had not been constructed in accordance with the sanctioned plan due to which the OC had been held up by the competent authority.

The builder contested the complaint stating the Doke had made unauthorised alterations in his flat, and due to these changes, the