• Builder has not given OC, EC, A-khata & tax receipts

Hi,

I had taken possession of my flat in 2008 from HM Constructions at their prestigious HM World City project. At the time of taking possession of the flat the builder mentioned they will provide the documents - Occupancy Certificate, encumbrance certificate, A-khata & tax paid receipts once the flat is registered and occupied. Even after occupying the flat for the past 6 years and constant communication with the builder, there is no sight of the above mentioned documents and receipts and transfer of electricity corpus fund to flat owners. In a law site, i saw that if the developer fails to submit the OC to the tenants its possible put an RTI @ the civic authority and get all documents submitted by the builder and the individual can move forward with such an application? What is the best course of action here? I am (we residents would be a better put it) running from pillar to post to get the required documents from the builder with no result.

Can you suggest what can be done?

Also is it possible to file an injunction against his current constructions in the same premises until he complies with law and clear the dues or papers with current residents? ( I know an injunction is very strong message to the builder but looking at the nature how residents have been treated and taken for granted by the builder it seems to be a better move to keep him in toes.)

Thanks,
Ashok
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. The builders often default in supplying these documents and it is quite phenomenon.
2. Since these acts falls within the definition of ' deficiency of service' you can seek redress for such grievance from consumer forum.
3. in consumer forum you apart form asking for delivery of those documents cal claim compensation as well.
4. in a proceeding before the consumer  forum you can seek injunction also whereby the forum can restrain further construction of the illegal structures.
Devajyoti Barman
Advocate, Kolkata
5236 Answers
54 Consultations
4.9 on 5.0
1) issue legal notice to builder for furnishing occupation certifcate and other documents cited by you . 

2) if builder fails to do so move consumer forum and seek orders to direct builder to obtain OC and furnish other documents . 

3) also seek compensation from the builder .

4)you cannot seek stay order of further constructions if builder has obtained the requisite approvals from municipal corporation . in other words if building plans have been sanctioned and construction is being carried out as per sanctioned plans no stay would be granted
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
Hi, you can file a complaint under consumer protection act for deficiency of service for not providing OC and other documents.

2. For direction to builder for providing OC and other documents you have to file suit before the civil court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. Before occupying the flat itself, the builder has to submit a completion certificate along with NOC and other supportive documents before the BBMP, later they will inspect the project and issue the Occupancy Certificate subject to invisible of deviation and compliance of approved plan's instructions.

B. You may issue legal notice to the builder to issue OC. In case, no response from the builder, you can approach the Consumer Forum under the Deficiency in the Service.

C. You can act and claim in respect of your damages, you cannot stop the construction owing to beyond your jurisdiction and it may have approval as rightly pointed out by learned Mr. Ajay Sethi.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1.  Occupancy certificate is mandatory in metro cities and which is given by the local authorities to the builder after the construction work is over and is done as per the lay out plans.

2. Without occupancy certificate possession cannot be delivered. No builder can deliver the possession of flat without OC being granted by municipal corporation. 

3.  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.

4. You may file a case against builder before consumer forum for deficiency in service and to obtain OC. As a final wake up call, a lawyer's notice may be issued to him prior to filing the case.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hello,
1) First of all issue a legal notice to the builder demanding the furnishing of the document as promised. It is your right and the builder's liability to procure and provide the same to you.

2)  If he failed to comply proceed file a complaint before the District Consumer Forum under provisions of deficiency of service . In addition to seeking the documents, demand compensation for the mental agony.

3) You can not move the court to get a stay over construction underway for two reasons: i) The current construction has no relation to the current dispute.
ii) The project must be legal and with requisite sanctions.

4) In the meantime you can certainly move an RTI petition to investigate if the builder has index submitted the required documents, sought permissions and paid requisite fee  to procure the mandatory documents. This information will further strengthen your consumer case.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. It is illegal to give you possession without acquiring occupency certificate from appropriate municipal authority,

2. Hope possession of the flat has been handedover to you in writing,

3. Fikle a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming handing over copy of occupency certificate, immediate registration of tha flat, damage and cost,

4. This is a good case to win.

,
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0

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