• Registry of flat done as unfinished on 04/07/2011, possession done without OC. Now may I demand OC?

Building map passed by GDA as kothi for single but builder made 10flats illegally.It is now जरजर position.GZD dist.Cconsumer gave judgement
As it's no responsibility of builder to repair.
I may demand oc/complication certificates from builder and GZA.as registry done as unfinished and possession is given same time on05/07/2011.
What further action to be taken by me. Pl.sugest
. Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

You need to issue a notice to the builder to apply and handover Completion Certificate / Occupancy Certificate, within one month from the date of issue of your notice.

If the builder does not respond, file a complaint in the consumer forum, and pray the forum to issue directions to the builder to apply and obtain the above certificates.

You can also mention in the complaint that the Hon’ble Supreme Court has given a judgement in Faqir Chand Gulati vs Uppal Agencies Pvt. Ltd. & Anr on 10 July, 2008 that “Even if such a provision for providing completion certificate is not found in the agreement, the builder cannot escape the liability for securing the Completion Certificate and providing a copy thereof to the owner. The law requires the builder to obtain completion certificate of such a building.”

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File complaint against builder before consumer forum seek orders to direct builder to obtain OC within stipulate period

2) seek compensation for mental torture undergone by you

3) in alternative seek orders to direct builder to refund your money with interest as construction is unauthorised

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

You should file Police complaint against builder for cheating , criminal breach of trust as he has carried out construction contrary to sanctioned plans and is refusing to obtain OC nor refunding your money

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Take execution order in Consumer compliaint if the builder not complying. You can file Complaint to magistrate court for oc related issues.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

show order of consumer forum. .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your question is not very clear.

You may go to the state consumer forum if you are aggrieved by the order of the District Consumer Forum and then may claim the money that has been paid by you.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may have to file a consumer case against the builder for the deficiency in services.

You can apply for OC from the authority, if any lapse or fault notified then you may issue a legal notice to the builder on the basis of the notification

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

What should I do?

You immediately consult an advocate in the local.

Produce all the relevant papers/documents before him and explain him your problems, he would be able to guide you properly on the issue and help you to get proper relief and solution to this issue.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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