Possession of Flat without builder obtaining OC & CC
1 month ago
In the year 2020 I have taken possession of flat in Ajnara Ambrosia in Noida Sector 118 by paying 100% payment. Builder had assured me that he had already applied for CC and shortly it will be in place. Moreover this project was financed by L&T and the builder also arranged for our our loans through L&T. Now, even after 3 years there is no OC & CC and we are paying the EMIs. No permanent electricity connection is in place yet the builder is chatging exhorbitantly on account of electricity and now he is pressurising us to pay the Maintenabce Charges as well.
A.Dear Client,
Until and unless the construction of a building is completed and the builder obtains the Completion Certificate(CC) & the Occupancy Certificate(OC) of the building from the competent authority, i.e, Municipal Authority, the builder can not hand over the possession of flats to the buyers. In the absence of a Completion Certificate and Occupancy Certificate issued by the Municipal Authority on the approach of the Builder/Developer, taking possession of the constructed flats by the purchasers may face a variety of legal consequences in the future. Even the housing complex can not form a society or association and get registered under the relevant Act. Even builders are incompetent to execute a Deed of conveyance and cannot deliver the possession of the flat to the Buyer/Purchaser 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 a buyer to stay in the building until and unless an OC is issued in respect of said building by the authority to the owner to occupy and stay legally and safely. In the absence of CC and OC, you may not be able to claim civic facilities like water, electricity, sewerage connection, mutation of property, etc and may face other consequences. So, in the given situation, if the housing complex is a registered project of RERA, then serving a legal notice to the Builder, file a complaint individually or collectively with other buyers who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and deviation in construction. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 claiming compensation for harassment and cost of litigation and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and RERA cases for guidance and steps.
Until and unless the construction of a building is completed and the builder obtains the Completion Certificate(CC) & the Occupancy Certificate(OC) of the building from the competent authority, i.e, Municipal Authority, the builder can not hand over the possession of flats to the buyers. In the absence of a Completion Certificate and Occupancy Certificate issued by the Municipal Authority on the approach of the Builder/Developer, taking possession of the constructed flats by the purchasers may face a variety of legal consequences in the future. Even the housing complex can not form a society or association and get registered under the relevant Act. Even builders are incompetent to execute a Deed of conveyance and cannot deliver the possession of the flat to the Buyer/Purchaser 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 a buyer to stay in the building until and unless an OC is issued in respect of said building by the authority to the owner to occupy and stay legally and safely. In the absence of CC and OC, you may not be able to claim civic facilities like water, electricity, sewerage connection, mutation of property, etc and may face other consequences. So, in the given situation, if the housing complex is a registered project of RERA, then serving a legal notice to the Builder, file a complaint individually or collectively with other buyers who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and deviation in construction. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 claiming compensation for harassment and cost of litigation and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and RERA cases for guidance and steps.
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A.Dear client, if the builder hasn't been applied or haven't got OC & CC then you can file a complaint on the builder in the consumer court or to the authority under the Real Estate (Regulation and Development) Act of 2016.
If you got the possession of flat from the builder then you have to pay the maintenance charges. For electricity connection talk with electricity department and get a seperate electricity meter for your flat.
If you got the possession of flat from the builder then you have to pay the maintenance charges. For electricity connection talk with electricity department and get a seperate electricity meter for your flat.
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