1)once OC has been issued and possession delivered to flat owners flat owners are liable to pay maintenance for the flats
2) it i in your interest to pay the outstanding dues to obtain mutation of property in your name
CC not issued even after 5 years of handover
I have a property in Kolkata purchased about 5 years back from one of the renouned builders. The Builder has already issued OC and handed over the flats to respective flat owners. We have been continuously following up with the builder to issue CC but till date the CC has not been issued. Now a mail from the builder has come that KMC is going to issue the CC shortly and the builders were asked to settle the maintenance bills for the period along with arrears. The builder is also stating that they will allow mutation of the property that was allocated 5 years back only after payment of the outsatnding dues.In this regard I have a question that: are the flat owners liable to pay the outstanding amount when the legal formalities of formal handover with CC has not been done by the builder. Also can the builder force the builders with consequences that that arise out of a possible fallout.
Asked 8 years ago in Property Law
Religion: Hindu
11 Answers
What should be follow up action in the above case? Can I claim compensation? What should be the remedial measure?
Asked 8 years ago
builder has obtained OC and delivered possession to you
you can claim compensation from builder if there is delay in delivery of possession of flat
1. The flat owners are liable for all arrears of fees provided it is calculated from the date of their purchase/possession of the flat.
2.So if you are residing there since last 5 years then you are liable to bear the fees for that duration.
3.If CC is delayed due to fault of the developer then you may consider filing a case beofre the consumer forum.
4.From the consumer forum you will get compensation and damages.
Hello sir , as per RERA norms when the building is completed as per the layout plan the CC ( completion certificate ) is issued by the competent authority .. After recieving CC builder applies for OC ( occupation certificate ) .. OC cannot be obtained without getting CC from competent authorities .. You can approach consumer forum along with other allotees and file a complaint against the builder
Dear Client,
Any duty payable to municipal corporation towards construction project is builder`s liability not of purchasers except where sale agreement agreed by the purchaser to bear such costs.
File a case in the consumer forum.
Challenge the maintainance charges as claimed.
And claim compensation for deficiency in service.
Regards
You may in advance issue a legal notice, if you will pay the money then the builder will become more lethargic to provide the CC.
Regards
The question of your liability depends on your agreement for sale. Usually dues accrue in favour of purchaser once the sale is complete. Since the same is not true in your case, an important factor is also your ageeement for sale. It would be better if you consult with complete set of documents. If there is anything else, kindly let me know.
Regards,
Richa bharadwaja
if there is any shortfall to handover in respect of property obviously you can claim compensation but due to non delivery of CC you can not. more over the KMC has not issued the CC, it is difficult to prove the the builder is in fault.
at best you can deny to pay backlog of maintenance charge as the building was not fully ready for charging the same.
in this event you must go through your deed of conveyance and/or agreement for further details that how and when you are liable to pay maintenance charge.
Actually the builder should have obtained the CC within a year of completion by regular follow up, but the builder might not have complied with the procedural formalities properly hence this delay.
The fault lies on the buyers also for not following it up with the builder or the authorities.
Even now you may negotiate with the builder and agree to share the expenses equally or else you may find problem in getting the property mutated.
All the buyers can talk about it together with the builder and arrive at an amicable solution.
You have ascertain the factual status and the present position through the authorities concerned.
If there is a registered association then it can be approached to get remedy for all affected.
You may even claim compensation from the builder for delay in procurement of CC.
Discuss with a local lawyer before initiating any legal action.