A.
Dear Client,
A lessor of a leasehold property is the sole authority to fix the lease rent. So, first verify and ensure the correct amount of rent of the leasehold property you bought from the office of the concerned leasing authority to challenge the arbitrary and unjustified demand of the Builder. A Builder cannot issue a letter of possession and even register a property before or after the completion of an under-construction project unless they obtain a Completion Certificate(CC) and Occupancy Certificate(OC) from the Municipal Authority that approved the Building Plan. An occupancy certificate proves that the building is legally constructed and safe to live in. Without a CC and an OC, it is illegal to occupy the property, and occupiers may even face legal consequences if they do the same. In the given scenario, on verification of lease rent from the concerned leasing authority, if it appears that the demand of the builder is exorbitant and illegal, then serving a legal notice to the Builder, you can file a complaint against him either before the RERA, in case the housing project is registered under the RERA or before the District Consumer Commission under the Consumer Protection Act for deficiency in service and unfair trade practice claiming compensation for harassmet and cost of litigation. The complaint before the Consumer Court should be filed 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. If required, consult or hire an Advocate to navigate the issue in the right way.
Posted On 10-Jun-2025
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