No OC and society Registration from last 4 years
5 years ago
Builder has not secured OC hence he is not able to form society from last 4 years. Now we are not getting daily services like security, housekeeping, water, electricity, lift etc
Property is in Undri, Pune
A.Dear Sir,
Approach the concerned authorities and file a mandatory injunction against the builder.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Approach the concerned authorities and file a mandatory injunction against the builder.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share
Shreyash Mohta
Responded 5 years ago
A.Supreme Court has given a judgment in a case between Faqir Chand Gulati and Uppal Agencies Pvt. Ltd. which clearly holds the builder responsible for the provision of completion and occupancy certificate. It also underlines the problems created by such acts of the builders. The case was between a land owner and builder, over not having Completion and Occupancy Certificates for the constructions, and deviations from the sanctioned plan.
Point Number 1.1 to 1.3 of the above judgement shall be of good help.
Now, how to deal with the builder who has not given you a valid Completion Certificate / Occupancy Certificate?
1. You need to issue a notice to the builder to apply and handover Completion Certificate / Occupancy Certificate, within one month from the date of issue of your notice.
2. If the builder does not respond, file a complaint in the consumer forum, and pray the forum to issue directions to the builder to apply and obtain the above certificates.
3. You can also mention in the complaint that the Hon’ble Supreme Court has given a judgement in Faqir Chand Gulati vs Uppal Agencies Pvt. Ltd. & Anr on 10 July, 2008 that “Even if such a provision for providing completion certificate is not found in the agreement, the builder cannot escape the liability for securing the Completion Certificate and providing a copy thereof to the owner. The law requires the builder to obtain completion certificate of such a building.”
4. If this does not work, one can actually file a writ with relevant documents, against the errant builder. Surely this is better than having to face a Campa-Cola-like situation some other day in the future.
Hope this helped.
Shreyash Mohta
If you liked this advice then please do rate me on the vidhikarya app.
Point Number 1.1 to 1.3 of the above judgement shall be of good help.
Now, how to deal with the builder who has not given you a valid Completion Certificate / Occupancy Certificate?
1. You need to issue a notice to the builder to apply and handover Completion Certificate / Occupancy Certificate, within one month from the date of issue of your notice.
2. If the builder does not respond, file a complaint in the consumer forum, and pray the forum to issue directions to the builder to apply and obtain the above certificates.
3. You can also mention in the complaint that the Hon’ble Supreme Court has given a judgement in Faqir Chand Gulati vs Uppal Agencies Pvt. Ltd. & Anr on 10 July, 2008 that “Even if such a provision for providing completion certificate is not found in the agreement, the builder cannot escape the liability for securing the Completion Certificate and providing a copy thereof to the owner. The law requires the builder to obtain completion certificate of such a building.”
4. If this does not work, one can actually file a writ with relevant documents, against the errant builder. Surely this is better than having to face a Campa-Cola-like situation some other day in the future.
Hope this helped.
Shreyash Mohta
If you liked this advice then please do rate me on the vidhikarya app.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.Dear sir no need to builder consent for formation of society. U should all society members can approach to the nearest register and make application for formation of society
Helpful
Helpful
Share
A.Dear Sir,
Get issue a legal notice and bring the issue to the notice of all the concerned.
PURCHASE APARTMENT WITHOUT O.C
Dear Sir,
You may purchase it, because of following reasons, there will be no risk. Believe me.
According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.
Living in a flat without occupancy certificate? You may lose power
BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.
The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.
In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.
Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.
Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartmnt builders, by disconnecting power.
But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.
There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.
BOOM FUELLED GRAFT
So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."
The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.
Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.
Architect G Ramesh says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.
ISSUE NEEDS A RELOOK
This needs proper and scientific analysis. Members of the Association get occupancy certificates, as required by the Act. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. The classification of highrise itself needs a complete relook. There are multiple agencies involved in sanctioning OCs, and perhaps the figure quoted is of a particular authority. Buildings that have OCs are many more, since it isn't possible to get various agency clearances and connections without OCs.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Get issue a legal notice and bring the issue to the notice of all the concerned.
PURCHASE APARTMENT WITHOUT O.C
Dear Sir,
You may purchase it, because of following reasons, there will be no risk. Believe me.
According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.
Living in a flat without occupancy certificate? You may lose power
BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.
The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.
In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.
Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.
Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartmnt builders, by disconnecting power.
But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.
There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.
BOOM FUELLED GRAFT
So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."
The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.
Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.
Architect G Ramesh says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.
ISSUE NEEDS A RELOOK
This needs proper and scientific analysis. Members of the Association get occupancy certificates, as required by the Act. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. The classification of highrise itself needs a complete relook. There are multiple agencies involved in sanctioning OCs, and perhaps the figure quoted is of a particular authority. Buildings that have OCs are many more, since it isn't possible to get various agency clearances and connections without OCs.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share
Read Related Answers
Transfer of property to wife after demise of husband
Dear Client,
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
Path to reach home
Dear Client,
you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an orde...
Property disputes
Dear Client,
Commercial activities in residential areas are impermissible under the law. In the given scenario, serving a legal notice to the owner of the residential house file a mass complaint to...
Neighbour Water leakage
Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
NOC FROM OTHER FLOOR OWNERS
Dear Client,
Whether you need a No Objection Certificate (NOC) from other floor owners before selling your floor in a building depends on local regulations and building bylaws. It's advisable to con...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
