Builder's Failure To Provide Occupancy Certificate Is Deficiency Of Services- SC

An occupancy certificate is a document permitting the occupation of a building which provides access to civic utilities such as water, electricity, and sewage connections¹. Occupancy certificates are issued to builders by the local authority under whose jurisdiction a building falls, such as a municipal corporation in a city. They are a prerequisite for legally taking possession of a flat in a building. In Samruddhi Co-operative Housing Society Ltd. v Mumbai Mahalaxmi Construction Pvt. Ltd., the Hon'ble Supreme Court held that a builder's failure to provide the Occupancy Certificate ("OC") to flat owners is deficiency of service under the Consumer Protection Act, 1986².

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