Registration of Flat owners association

Dear Client,
The Competent Authority under the West Bengal Apartment Ownership Act (WB AOA), 1972, and the amended rules of 2015, explicitly requires a notarized copy of the "Completion Certificate" from the local municipality or authority to register an association. So, in the given scenario, you can file a formal complaint with the Competent Authority under the West Bengal Apartment Ownership Act seeking a direction to the Promoter/Builder who failed to provide the completion certificate that prevents you to apply for registration of association under the Act. A Builder cannot even hand over the possession 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. A completion certificate certifies that the construction has been completed in compliance with the approved building plans and that the building is ready for occupancy. A CC is a prerequisite for the issue of an occupancy certificate(OC), and the Builders/Developers are solely responsible for obtaining both the certificates from the concerned Municipal Authorities before registration and handing over the constructed flat/apartment to the allottee or buyer. So, to resolve the issue, first you need to take legal action against the Builder/Promoter who faild to discharge their responsibility that amounts to deficiency in service and unfair trade practice under the Consumer Protection Act, 2019. Accordingly, serving a legal notice to the Promoter, a complaint may be filed against them before the District Consumer Commission under Consumer Protection Act 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. However, since the deficiency in service is continuous in nature, your complaint must demonstrate the continued cause of action to get the complaint admitted by the Commission. Apart, you can approach the High Court seeking orders compelling the Competent Authority to register the association without the completion certificate, especially when the delay is due to the builder's inaction/deficiency. In the case of in the case of Dr. Debdas Banerjee & Ors. vs. The State of West Bengal & Ors. (W.P. No. 3724 (W) of 2013), decided on 28th November, 2013, the Hon'ble Calcutta High Court addressed the issue of registration of an association despite pending certificates from the builder. Given the proposition of governing laws and averments of the Court, consulting a lawyer specializes in property and real estate matters is highly recommended to explore all viable legal options to navigate the issue legally and effectively.