Regarding OC Certificate and incompletion of work

Dear Client,
What have been stated in the query against the builder is considered a deficiency in service and unfair trade practices on the part of the Builder. After the enactment of the Real Estate (Regulation and Development) Act, 2016 which is effective across the states, all the housing projects are mandatorily required to be registered under the said Act. So, in the given scenario, the housing project is registered under RERA, then an aggrieved flat owner, serving a legal notice to the Builder, can file a complaint against him under Sec.31 of the Real Estate (Regulation and Development) Act, 2016 before the Adjudicating Officer claiming appropriate relief and compensation for the delay. The complaint may also be filed against the Builder post-service of a legal notice before the Consumer Court over alleged deficiency in service and unfair trade practice claiming compensation for delay and harassment 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 Forum and RERA for the same cause of action at a time. Apart from this, an aggrieved buyer can file a civil suit against the Builder seeking specific performance for breach of contract/agreement under Section 10 of the Specific Relief Act, 1963, before a Civil Court having jurisdiction over the suit property, claiming damages and compensation, and other relief. The limitation period for filing a suit for specific performance, as per Article 54 of the Schedule to The Limitation Act, 1963, is 3 years from the date fixed for performance or, if no such date is fixed, then from the date the plaintiff has notice that the performance is refused. Hence, it is recommended to consult with an Advocate experienced in real estate matters for tailored advice and steps to navigate the issue in the right way.