File complaint before consumer forum against builder and seek orders to direct builder to pay interest for 3 years delay in delivery of possession

2) if you failed to make payment on due dates builder can also recover interest from you for delay in payment of installments

He couldn't have done this, inasmuch as the fault was on his part for he drastically faulted in delivering the possession of the flat to you within the stipulated time.

Humbly request him to waive off the internet component on your outstanding liability. You can approach the Consumer Forum, if he fails to do the needful.

As a final measure, send him a legal notice before approaching the court .

builder can deliver possession of flat only after OC is issued

2) he cannot force you to take possession

3) in complaint before consumer forum seek orders to direct builder to obtain OC , to pay interest for delay in delivery of possession , to set aside demand made by builder for 18 per cent interest

If you have made most or all the payments then do not wait for CC or OC.

First take possession and then insist on it.

Non availability of CC or OC is mere irregularity for which your title would not be hampered.

So once after taking delivery of possession if the builder fails to hand over the same you file case beofre the consumer forum.

Hello sir , the builder after he completes the entire project recieve a CC and then OC from the competent authority .. He is manuplating the buyers to hide his own part of default .. It is advisable that you first take the posession of the property after paying the pending amount , and later approach the consumer court for not completion of the amenities ..

1. Possession can't be granted to you legally (on paper) until the time the builder obtains CC and OC.

2. CC and OC are issued by the concerned local Authority only after they conduct a through inspection of the newly constructed building. Once it is found that the builder has meticulously Complied with the building byelaws and has not deviated from the sanction maps, the CC nd OC are issued.

3. It's not you but the builder who is to be blamed for the delay and is also liable to pay damages to you on account of the fact that he filed to give timely possession. Apposite to this he's charging interested from your for delayed payment. This is completely unjustifiable. Approach the Consumer Forum as you've an excellent case.

You may issue a legal notice to the builder for waiving off the interest as against the deficiency in the services.

If even after receiving the legal notice the builder fails to fulfill his obligation you may file a case against him in the consumer forum for the deficiency of services.

Further it may be noted that the builder can not force you to take possession without OC.

In the case before the consumer forum you can ask the court to waive of the charges added by the builder in addition to which you may also ask the court to give you interest for the delay in possession.

You have a strong case, kindly contact a local lawyer for the same.

Completion certificate must be obtained and deed of apartment must be executed and registered by builder before giving possession of an apartment, here are thousands of apartments in cities like Bengaluru, Mumbai or Delhi which have been occupied without any Occupancy Certificates. 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.

If the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.

There is no such thing called partial CC, it is a newly created concept, incidentally obtained by from an authority which is not authorized to give such certificates.

You can insist on completion certificate to take possession and not such partial certificates.

The builder cannot refuse possession, but it is not advisable to take possession without CC

You can issue a legal notice or even approach consumer forum directly with or grievance but make sure that the builder commits in writing about this for any legal action that is proposed to be initiated.

but can you please tell me, is it OK to take possession without completion or Occupancy certificate?

Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies.

OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied.

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

He has already handed over number os flats to the registered owners without OC/CC, builder saying me that since people are living in the completed flats that means its completed and OC can only be given the flat owners after 3-4 yrs.

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’.

The builder has started given posseion of few flats in Feb 2015 also, and still work is in progress of that project. no single amenity is ready.

Please advise me that my delay was logical and lawful so as I can approach consumer forum.

The builder will play all such gimmicks and even may pose threats for heavy penalty for the balance amount to be paid.

Once he hands over possession you cannot claim the damages for the substandard quality of construction, he will not show interest in obtaining OC after that and he may even demand more money to procure OC.

The local civic authorities may issue notice for demolition if ther are deviations in the construction more than the permitted level.

If your builder is not obtaining OC, you can issue a notice to him to apply and handover the required documents. Failing which, you can also approach a consumer forum or can file a writ petition.

A builder can get a provisional building completion certificate from local authorities. But do note that this is valid for six months only. He has to obtain final building completion certificate.

Most of the errant builders may have good connections and they may easily escape through various loop holes in the law. So, end of the day it’s the home buyers who end up suffering for no fault of theirs.