Hi I have booked a flat in a proposed township in Pune City in 2011, they promised to provide possession in three years , in late 2016 they started giving possession on basis of 'PART CC' a document having stamp of 'Jiladhikari Pune' which has name of different buildings of township and other information which I can not understand, it does not mention any particular flat number or buyer name. The construction of township is not yet complete, many people have taken possession based on this document and suffering due to incomplete infra. They told me as per new PMRDA rules part CC is sufficient, and a builder can provide possession (of course after buyer signs a document saying they are happy with construction and everything is ok). Builder started sending demand letter with accumulated additional 'flat holding charges' every month in final amount due for possession to buyers who denied possession offer without OC or completion of all infra like road, swimming pool, club house, permanent source of water. My question is : Can a builder force possession on the basis of part CC and whether buyer is legally bound to take possession on this basis ? Is there a different rule in Pune, where part CC is equivalent to OC ? Can builder charge this additional 'flat holding charges' on such case ? What option a buyer has now and also whether he has any legal option later (after paying all accumulated so called 'flat holding charge' taking possession on the basis of this so called part CC for which he has to sign the documents which I think says he is happy with everything and can not hold builder liable later ?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) builder can offer possession only after issue of OC
2) builder cannot force flat owners to take possession on basis of part CC
3) builder cannot charge additional flat holding charges
4) you can take possession of flat under protest and then file complaint against builder before consumer forum and seek orders to direct builder to obtain OC and seek refund of additional money paid by you
Hi, the CC certificate is clearance certificate after which the occupation certificate OC is given..it is only upon OC that the builder can provide posession as per RERA norms .. Part CC means that only partial amenities are completed by the builder .. It is advisable to file a joint complaint at the national consumer forum Delhi against the builder
Completion certificate is necessary for the builder because after getting completion certificate the Builder can give possession letter to the flat owners. Completion certificate is a valuable document to prove that construction is as per the plan sanctioned by the concern authority. Fcc certificate has not been issued or partly issues then builder cannot give position over the flights and also cannot bound the flat owners to take possession of the property. Builder cannot charge any additional fee for such flats in respect of whom completion certificate has not been issued.
In this condition you should give a notice to the Builder that you will not take possession of the flat and also will not pay any additional fee unless and until completion certificate has not been issued by the concerned authority. You can also file a complaint against the Builder before the RERA Tribunal for demand of additional fee and forcing the flat owner to take possession over the flat in devoid of completion certificate.
They claimed that in Maharashtra under PMRDA part CC is sufficient for possession without OC, this flat booked in 2011 before RERE came into existence, one of learned lawyer suggested that I can take possession of flat under protest and then file complaint against builder before consumer forum and seek orders to direct builder to obtain OC and seek refund of additional money paid by me, how this could be possible if I take possession after builder will force me to sign a document saying I am totally happy with Infra and taking possession. How I can take possession under Protest ?
if builder is refusing to offer possession under protest then your best option is to file complaint before consumer forum and seek waiver of flat holding charges and orders to deliver possession to you without demanding additional flat holding charges
2) seek interest for delay in delivery of possession by 3 years
Hello,
Builder can only offer possession after getting the OC and not the basic of CC.
It is advised that you take possession of the flat and subsequently raise a complaint against the builder in the consumer forum.
Or additionally of the builder is refusing the possession you can file a case in the consumer forum for waiver of the holding charges and in the prayer for interim relief you may ask the court to pass a direction that possession to you must be given.
You can also claim interest for delay in the delivery of possession.
Regards
There is no such thing called part CC.
Upon the completion of the building construction, the builder or the developer of the apartment has to apply for the ‘building completion certificate’ with the local authorities (like BDA or BBMP in Bangalore or PMC in Pune).
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.
So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities. And after getting this, occupancy certificate will be given to all buyers so that they can take possession of their Flats / properties.
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.
They claimed that in Maharashtra under PMRDA part CC is sufficient for possession without OC, this flat booked in 2011 before RERE came into existence, one of learned lawyer suggested that I can take possession of flat under protest and then file complaint against builder before consumer forum and seek orders to direct builder to obtain OC and seek refund of additional money paid by me, how this could be possible if I take possession after builder will force me to sign a document saying I am totally happy with Infra and taking possession. How I can take possession under Protest ?
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.
Occupying a property without an OC is considered as illegal and local civic bodies can ask you to vacate the property.
You may have to face trouble in getting water connection or sanitary connection or electricity supply connection.
Most of the financial institutions may insist on Possession Certificate to sanction home loans.
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.