Staying without OC Staying without OC

5 years ago

Purchased a 3 BHK flat in Emaar Palm Hills, Sector 77, Gurgaon in 2010. The entire project is of 80+ towers and delivery of the project is divided into 3 phases. My flat falls under phase 2 for which the builder is still awaiting for OC. Due to delay in hand over of the house, I along with 18 other people lodged a FIR in 2016 and then later opted for settlement, in which the builder promised to give the possession in March 2018.
In Jan 2017, the builder offered the possession of phase 1 towers. In March 2018, after putting lot of pressure on the builder, it agreed to give the handover of my flat for the fitouts only for 90 days. He has got my signature on its letter head, stating that it is giving the handover of my flat only for 90 days for fit outs only and I can’t stay in the house. In case the OC doesn’t come with in the 90 days, I need to return the house keys to the company. He has also asked us to sign the indemnity bond for the same handover, which I didn’t do. Also, the senior officials of the builder verbally assured us that the OC will come in those 90 days. We took the interim possession on March 29th, 2018 and later moved in this house with wife and 2 kids. Now both the daughters are studying in Gurgaon schools and their pick and drop is done by the school buses in the society itself.
In August builder has asked us to vacate the house and later disconnected the power supply of my tower. We are the only one from the phase 2, who are staying. We went to the nearest police station and got this sorted out. Later the builder has also sent us the legal notice stating that we can’t stay without OC and we should vacate the house. We didn’t reply to the notice and again went to police station, where the police clearly told them to get the notice from the court if you want them to vacate the house.
I stay in 5th floor with wife and 2 small kids. Currently, the builder has stopped the lift services and threatened to stop the electricity and water also. Again, we took this matter to the nearest police station and met the SHO over there. But this time, the builder team has clearly said that they will not start the lift services and also threatened to stop the power and water supply, if we don’t vacate the house. Now, Police has clearly said that it is the civil matter and we can’t do much here, you need to move to the court.
Given that, my wife is housewife and I am working in a private firm, I don’t want to get into the court. Is there any way police can ensure that I get the basic services (power, water and lift) from the builder. Please advice.

Hemant kumar

Responded 5 years ago

A.Hi. it is advisable to file a complaint against the builder at RERA ...You can seek interim relief from RERA under section 36 of the Act,...Regards Advocate Hemant kumar,gurgaon
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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client kindly file civil suit in an injunction suit.go through lawyer for all procedure
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Nirmal Chopra

Responded 5 years ago

A.U can move civil suit in an injunction suit. .besides this there is no better option for u.
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Rajender Prasad

Responded 5 years ago

A.you can approach the CIVIL courts requesting the court stay order and prohibiting the builder not to deprive you from the basic/infrastructural needs.. Foe details, be free to contact us through vidhikarya.com
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Manjula Shanmugasundaram

Responded 5 years ago

A.Please make a complaint against the builder at RERA stating all the above facts.
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