Society should file complaint against builder before consumer forum and seek court orders to direct builder to obtain building completion certificate or OC
2) seek litigation costs and compensation for mental torture undergone by the society members
Registry of flat but society is not having completion certificate
I recently baught a flat in resale and registry of the same flat has been done in my name and i got the possession and moved into the flat After some time i got to know that this flat was not as per the building approved plan from authority and society is not having completion certificate till date. However the builder gave the possession of the same flat in 2011 and the registry of the flat was done in the name of previous owner at that time. What could be the consequences in this case. Would it be possible to get the completion certificate for the society and how?
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
7 Answers
Is there any possibility of sealing or demolition of this flat?
Asked 7 years ago
If construction carried out is unauthorised municipal corporation can demolish the unauthorised construction
The builder Cannot execute conveyance deed till he receive occupancy certificate from the concerned authorities .. However there is no demolish that could take place.. You can file a complaint against the builder in the consumer court ..
The promoter/society may apply for regularisation of the illegal structure by way of moving an application for compounding before the GDA.
Upon payment of the compounding penalty, the GDA may take the decision to regularise the structure. Once compounding is done, the occupants certificate etc. could be obtained.
CC can be obtained by the builder only, do not worry you will not face any problem. the law is generally in favor of the purchaser, I hope that you di not move into the flat after having knowledge of the same. Anyways you are safe, no need to worry.
Regards
The OC or CC should be given by the competent authority after proper inspection on the basis of the application made by the developer.
The building was completed in the year 2011 hence it will not be possible for the builder to get OC at this stage because of various deviations in constructions as well as due to the normal wear and tear for all these six years.
You should ask your vendor to get the CC because he is the right person to to talk to the builder about this and procure the same.
Without CC you may face problems for loan and other basic amenities
Is there any possibility of sealing or demolition of this flat?
If the authorities have not bothered about it for al these 6 years, it may not be possible for demolition at this belated stage.
The authorities may first issue a notice before initiating any action, you can become conscious about this issue once you get a notice and take steps accordingly on all such further issues.