Can a without OC flat owners legal case against Society for parking issues be impacted due to Non-OC status
10 months ago
We are residing in a building which has received partial OC (75%) since 11 years. Unfortunately we are owners of the flat which is part of the 25% which has not received OC. We have an ongoing legal case related to parking issues in the State consumer court against the society.
I understand without a valid OC, occupancy is illegal as it can be classified as an unauthorised structure by the authorities. However, can this have any impact on our ongoing legal case and can our case be dismissed by the honourable court.
A.Dear Client,
In the absence of a Completion Certificate(CC) and Occupancy Certificate(OC) issued by the Civic Authority who approved the building plan on the application of Builder/Developer, they are incompetent to execute an Agreement to Sale or Deed of conveyance and such a practice is defined as “unfair contract” u/s.2(46) of CPA, 2019. . Moreover, both CC and OC is also defined u/s.2(q) and 2(zf) of the Real Estate(R & D) Act, 2016 casting the obligation of the Builder/Developer to procure the said legal documents and restriction before marketing, booking, selling or offer for sale of any flat or apartments of any housing project without registering the same with the regulatory authority. Such an act of default on the part of the Builder/Developer to comply with the statutory obligations also proves his deficiency in service and being aware of his incompetency he entered into a contract/agreement to sale or Deed of Sale makes him liable for unfair trade practice. An occupancy Certificate is an important legal document that certifies that the building was constructed in line with the approved plan having no deviation in plan or construction and fit for occupancy by buyer/owner. Moreover a CC does not allow to stay in the building until and unless an OC is issued in respect of said building by the authority to owner to occupy and stay legally and safely. For the deficiency on the builder, Consumer Court can allow the complaint and pass an order directing the Builder to obtain the statutory documents and for payment of compensation to the complainant/petitioner for harassment and mental agony including cost of litigation.
In the absence of a Completion Certificate(CC) and Occupancy Certificate(OC) issued by the Civic Authority who approved the building plan on the application of Builder/Developer, they are incompetent to execute an Agreement to Sale or Deed of conveyance and such a practice is defined as “unfair contract” u/s.2(46) of CPA, 2019. . Moreover, both CC and OC is also defined u/s.2(q) and 2(zf) of the Real Estate(R & D) Act, 2016 casting the obligation of the Builder/Developer to procure the said legal documents and restriction before marketing, booking, selling or offer for sale of any flat or apartments of any housing project without registering the same with the regulatory authority. Such an act of default on the part of the Builder/Developer to comply with the statutory obligations also proves his deficiency in service and being aware of his incompetency he entered into a contract/agreement to sale or Deed of Sale makes him liable for unfair trade practice. An occupancy Certificate is an important legal document that certifies that the building was constructed in line with the approved plan having no deviation in plan or construction and fit for occupancy by buyer/owner. Moreover a CC does not allow to stay in the building until and unless an OC is issued in respect of said building by the authority to owner to occupy and stay legally and safely. For the deficiency on the builder, Consumer Court can allow the complaint and pass an order directing the Builder to obtain the statutory documents and for payment of compensation to the complainant/petitioner for harassment and mental agony including cost of litigation.
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A.Dear Sir,
The parking issue is separate and the Consumer Courts are having very small powers to deal with the cases before it. Having or not having OC does not have any impact on the ongoing case before the Consumer Court.
The parking issue is separate and the Consumer Courts are having very small powers to deal with the cases before it. Having or not having OC does not have any impact on the ongoing case before the Consumer Court.
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Anonymous
Replied 10 months ago
Thank you Sir for your response. This helps us immensely.
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