In Brief
A builder was directed to pay Rs. 25 lakh to a cooperative housing society in settlement of disputes over incomplete flat constructions. The Supreme Court upheld this payment but modified other reliefs, noting that while the builder failed to obtain an Occupancy Certificate (a statutory requirement under the Maharashtra Ownership Flats Act), members had voluntarily taken possession without it and subsequently carried out unauthorized alterations. The Court held that unequivocal commitments made in settlement meetings are binding, but compensation and daily penalties for delayed certification must be reassessed given mutual non-compliance. Jurisdiction objections cannot be raised for the first time in appeal if not raised initially before the lower forum."
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