• OC and other issues

Dear Advocates,

I have the following queries for your suggestions and future actions.

1. I have bought an apartment with DS Max in bangalore. I have booked the flat when it is in the construction stages. I didn't know about the deviation, by the time I got it registered I found that the builder has made one floor deviated. Since he has deviated one floor we are not getting occupation certificate (OC). When asked about OC he says that the residents have to bear the expense for the same. We have not made any deviations and we have paid for our sqft. The bank from which I have taken the loan inspected and provided the loan. Generally banks will not provide loan to the flat which is under deviation. How to get OC from builder?
2. I have paid him for Khatha. He now gives B-register (Form-B) stating that this is Khatha - B. In B-register it is clearly mentioned this form is issued to the properties without Khatha. In legality khatha-B exists or not? Builder is not agreeing for obtaining Khatha and says it is up to the occupants to get the khatha.
3. During the time of booking, builder said BWSSB, car parking and KPTCL in a package of 4 Lakhs. Now he is asking for money for BWSSB for which I have paid already in the package.
4. More over he is forming the association under society law rather than 1972 KAOA which he claims that is his regular stuff. EVen in the sale deed he has mentioned 1972 KAOA only.
5. He is asking us Rs 2 per sqft for maintenance. He is not giving out any break up for the maintenance as well as the monthly balance sheet.

More important issue - many of the inmates in the apartment unwilling to take any legal course as it will take long time to get a solution. How many people required to initiate a legal action?

I am in total confusion how to handle this situation. I am thinking of approaching consumer court in this issue. I request you to provide me valuable inputs so that I can proceed further in this issue.

- Sandeep
Asked 2 years ago in Property Law from Bangalore, Karnataka
Hi, it is the duty of the builder to form the association as per the provisions of the Karnataka Apartment  Ownership Act, 1972.

2. Hi, B Katha is also valid but when the "Akaram Sakaram" Scheme comes you have to apply before the BBMP for A katha.

3. For demanding extra money for BWSSB It is not as per agreement you can file a complaint before the Consumer Court for not providing  BWSSB Connection and don't pay the amount and ask him to give it in writing for extra amount so you have evidence before the court.

4. It is the duty of the Builder to get Occupancy certificate if there is any violation BBMP will not issued OC so on this ground also you can file a complaint in Consumer forum.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The builder is at fault. he can not make you pay the amount towards the OC for which you are not at fault.
2.Similarly he can not force you to make extra payment for the parking space.
3. The registration of society under BWSSB is not an issue but he can not force you to make any extra payment.
4. Do bear in mind that builder can not charge anything extra other than which has been mentioned in the sale agreement.
5. You can bring the builder to task in consumer forum if he are forced to make extra payment.
Devajyoti Barman
Advocate, Kolkata
5198 Answers
54 Consultations
4.9 on 5.0
1) it is duty of builder to obtain OC . if builder fails to do so you can move consumer forum against the builder to direct him to obtain OC within stipulated period 

2) please note builder cannot sell parking slots . it forms part of common area . if in agreement it is mentioned that builder shall form association under KAOA  act then he is bound to do so 

3) you can individually file complaint before  consumer forum against the builder 

4) cases before consumer forum get disposed of within period of 2 years
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1) builder is bound to give break up of maintenance charged.

2)  further builder is required to furnish statement of account of amounts collected from flat owners, expenses incurred duly audited every year .

3) if builder fails to furnish details you can issue legal notice to builder calling upon builder to furnish detailed particulars .
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1. How have you got the flat registered without the builders submitting OC?

2. However, it uis the duty of the builder to collect OC from the Municipal Authority,

3. For all the deviations from the agreed terms of sale, you can lodge a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming compliance of all the terms, damage & cost,

4. Even one person can file the said complaint case.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
1. It is builder's duty to obtain and give the occupancy certificate. No builder can deliver the possession of flat without OC being granted by municipal corporation. 

2.  The absence of a valid Completion certificate/Occupancy certificate, means that the building may not have been built as per approved plan, and the threat of demolition of unauthorised structure looms large. Further, if you want to sell or hypothecate the property, you will not be able to do so, if you do not possess a  valid Completion certificate/Occupancy certificate as banks will be very reluctant to sanction loan. The purchaser alone would suffer in case of any deviation from sanctioned plan in construction.

3. Parking slots are a part of common area, for which you cannot be charged anything. 

4. You may file a case against builder before consumer forum for deficiency in service to obtain refund of money and also seek damages from him. As a final wake up call, a lawyer's notice may be issued to him prior to filing the case.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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