• Not providing me possession for the shop

Dear Sir,
I purchased a shop which was registered around 1 year back.Till date the builder has not provided me with the CC and the possession certificate.He has been throwing excuses now and then that his plan was not proper and after taking corrective measures in the construction he has re applied and he should be getting the same very soon.Now unless he provides me the CC / possession letter I am unable do the mutation and can not go for further course of action for my business. He tact fully wrote in the agreement that tax should be paid by the purchaser since the day of possession or registration whichever occurs first.This fact was overlooked by me.
As per the agreement he is supposed to handover the shop by 17/11/2014 with a grace period of 3 months.I have taken an electrical connection for the shop already but has not stepped inside.
Please suggest me what will be the course of action now from my side because the money is unnecessarily have been blocked by him.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.

No doubt the builder is yet to provide you the CC which is required for legally occupying the property purchased but since you have taken over possession, it wold be better you occupy the same without CC and demand the same to the builder by communicating your requirement in writing under acknowledgment to the builder an secure this as evidence for future litigation purpose.

The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.

In many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations.

The builder has to obtain OC. However, the Flat owner can also apply for OC. If you have already occupied your FLAT without OC, you can approach the Local Corporation or municipality and apply for OC. If the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in 30 days (legally). However, the law says that if the building has been constructed without any plans it cannot be regularized (if there are structural deviations) and OC may not be issued in such cases.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. If you have the registered sale deed in your name and electricity bill also then on this basis you can obtain Trade License and start your business.

2.The delay in getting CC would not restrain you from running your business.

3. Now if you want CC now and if you have incurred loss from this dlay then you can file a case beofre the consumer forum to get the CC and receive damages and compensation for delay arising out of it.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Issue a lawyer's notice to the builder seeking the CC and PC. If he does not do so even after being served with the notice from your lawyer then move to consumer forum to seek delivery of possession with CC and compensation for delay.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

file complaint against the builder before consumer forum to direct builder to provide occupatoion certifcate and to deliver possession of the shop

2) you are not liable to pay property tax unless possession has been delivered to you of the property

3) claim litigation costs , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Since you have not yet got possession of your shop, you are not required to pay the tax which will be borne by the builder. However, this clause does not entitle the builder to handover possession of the shop later than the agreed period.

2. File a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming possession and registration of the shop within next 30 days failing which he shall have to pay Rs. 2 K per days delay with interest, damage and cost.

3. While filing the said consumer case, you shall have to state that the said shop will be your only place of business for earning the livelihood for you and your family members to enable you to claim to be a consumer as defined in the Consumer Protection Act.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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