We had booked a flat in Pen city of Raigad district in the year 2012. The building was already undergoing construction at that time. The builder promised to give the possession of the flat in 2013. However no possession has been received as yet. Neither the OC is received. This builder has not even registered this building under Maharera. There seems to be some disputes between the builder and his partner. The other owners who have booked the flat there have given their houses on rent. My question- 1) What should I do to get the flat possession 2) Can I apply for individual OC
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Only if building had been constructed as per sanctioned plans would OC be issued by corporation
2) file complaint against builder before consumer forum and seek orders to direct builder to deliver possession of flat and obtain OC
3) seek compensation for mental torture undergone by you and seek litigation costs
You should send a notice to the builder, claiming refund of the amounts paid along with interest and/or damages. You can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder.
Yes you can individually apply for OC.
Hi sir , the OC can only be applied by the builder with the competent authority, and it is recieved after the builder has recieved CC ( completion certificate ) ..you can approach consumer forum for the refund of your amount with interest or for the monthly interest from the date of posession ( 2013)..it os advisable to file a complaint in the consumer forum
Issue them a legal notice and immediately thereafter file a case in the consumer forum to claim compensation, also you may claim compensation for legal expenses alongwith the interest.
Regards
you have to follow MAHARERA rule.
1. Approach the Consumer Forum and register a complaint in the matter of deficient services rendered to you by your builder. Seek forthwith possession through the aide of court. Also seek damages and compensation.
2. No no. Only the builder can apply for the OC and CC
You have to write to the builder seeking the status of the completion of construction, handing over possession, procuring the OC etc.
This communication should be in writing and sent by a registered post.
If you dont get a proper response you may send a legal notice to this effect followed by a case before the consumer forum for deficiency of service and compensation for mental agony and fiscal loss.
