OC received in January 23 but flats are incomplete
1 year ago
OC has been issued by Authorities in January 23 for a "project" in Gurgaon for a RERA registered builder. flats are not in habitable conditions till the time. And now building is insisting us to register the flat without even the Completion certificate. Since project is already delayed for 2 years, builder is asking for registration immediately and claiming that within 45 days of registration, he will hand over the flats to us but on ground possession seems far away as there is lots of pending work which can take 4 to 5 months. Few buyers are doing registration in good faith for the incomplete units as there is no other option left to them (Paying EMI and rent both)
Now questions are
1. Can buyers go for the registration without completion certificate or units which are not habitable conditions?
2. If buyer do registration for incomplete flats units where even basic amenities like electricity water, lift are incomplete at the time of registration. Will registration of such units can impact the any legal rights of the buyers. Do he has any legal remedy available to him if builder denies or not delivered the flats as per the BBA agreement and promise he made.?
To be on safer side you may go for registration subject to some separate MoU and put a condition to complete the project within certain period failing which the builder has to pay penalty of certain amount.
Buyers can go for registration without completion certificate, but it is not advisable as it may impact their legal rights. If a buyer registers for incomplete flats without basic amenities, it may impact their legal rights if the builder fails to deliver the flats as per the BBA agreement and promises made. The buyer can take legal action against the builder if they breach the agreement and seek relief through consumer courts or civil courts.
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