violation of JDA act and bylaws by builder
8 months ago
the builder has not obtained occupancy certificate, completion certificate and NOC from fire and pollution department till today but he has sold all 657 flats in 2017. can a writ petition be filed against builder and JDA(Jaipur development authority) and stop further construction of other phases ??
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 the Builder/Developer, they are incompetent to execute a Deed of conveyance and cannot deliver the possession of the flat to the Buyer/Purchaser 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. 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 is fit for occupancy by the 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. In the absence of CC and OC, a Builder can not register the Deed of Sale and if you take possession of the Flat in the absence of these documents, you may not be able to claim civic facilities like water, electricity, sewerage connection, mutation of property etc and may face other consequences. After the enactment of the Real Estate (R & D) Act, 2016, a Builder is mandatorily required to register their projects with the RERA which takes care of the interest of the Buyer better than any other Act. In the prevailing situation, You need to serve a legal notice to the Builder and JDA and escalate your Complaint against them for deficiency in service and unfair trade practice before the RERA failing which you can file a civil suit against the parties in a Civil Court having jurisdiction over the property praying for a permanent injunction in the construction of buildings in the selected housing complex. Reach out to an Advocate experienced in civil cases for further guidance and steps. In case you need any legal assistance from us for serving legal notice, filing a complaint or filing a civil suit/writ petition, you may contact our legal team with all the relevant papers.
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 the Builder/Developer, they are incompetent to execute a Deed of conveyance and cannot deliver the possession of the flat to the Buyer/Purchaser 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. 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 is fit for occupancy by the 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. In the absence of CC and OC, a Builder can not register the Deed of Sale and if you take possession of the Flat in the absence of these documents, you may not be able to claim civic facilities like water, electricity, sewerage connection, mutation of property etc and may face other consequences. After the enactment of the Real Estate (R & D) Act, 2016, a Builder is mandatorily required to register their projects with the RERA which takes care of the interest of the Buyer better than any other Act. In the prevailing situation, You need to serve a legal notice to the Builder and JDA and escalate your Complaint against them for deficiency in service and unfair trade practice before the RERA failing which you can file a civil suit against the parties in a Civil Court having jurisdiction over the property praying for a permanent injunction in the construction of buildings in the selected housing complex. Reach out to an Advocate experienced in civil cases for further guidance and steps. In case you need any legal assistance from us for serving legal notice, filing a complaint or filing a civil suit/writ petition, you may contact our legal team with all the relevant papers.
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