• OC not given by developers

I have purchased a bunglow in lonavala,waksai in which there are total 35 bunglows. while purchasing it 2 yrs ago the developer had said the swimming pool & the club house will be build in next 3-4 months after which he will get the oc but till date nothing has happend. 
now i m planning to install a personal pool in my given space but the developer is objecting.
so now what should i do ?
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

you cannot install personal pool

2)builder is bound to provide club house and amenities promised by him in agreement

3) if he fails to obtain OC file complaint before consumer forum seek orders to direct builder to obtain OC , provide swimming pool and other amenities promised by him

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

file complaint before consumer forum seek orders to direct builder to obtain OC , provide swimming pool and other amenities promised by him

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Did the builder undertake in the agreement entered into with you, that this project will have the facilities of swimming pool and club house? If yes, the builder is bound to adhere to his undertaking.

Send a legal notice to the builder in the present matter and in case he fails to comply with the legal notice by extending you the facilities of a swimming pool and club house, file a case in RERA/consumer forum.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

As suggested, send a legal notice to the builder first.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

1. firstly you accepted possession without OC in place. This itself is a violation of law as no premises can be occupied until OC is received for the same

2. secondly the bungalow is allotted to you on ownership basis, i presume, and not on lease or tenancy or license

3. so once a property is allotted on ownership basis, then i fail to understand how the builder can object against the owner when he wants to deal with the same in any manner he deems fit, so long as the owner complies with the local municipal laws

4. so if you want construct your personal pool in the space which is allotted to you on 'ownership' basis and you also have the requisite approval from the municipal body for the same, then the builder does not have any business to object against that

5. you also need to check your sale agreement if there is any clause therein which restricts you from altering the space allotted to you. Even if there is any such clause, in my opinion, it is nothing but a blanket consent of the purchaser. Once the property is allotted on ownership basis, there cannot be any restriction, subject to compliance of local laws

6. ownership right is a bundle of rights which includes the right to make changes to the property, ofcourse subject to compliance of local laws

7. so i suggest if your builder is objecting against you building a private pool, then question him on what authority or basis he is doing so

8. issue him a legal notice and also remind him to obtain OC. Do inform the builder in the legal notice that you have obtained prior written permission of the local body to construct the private pool in your plot

9. I guess Lonavla has a Municipal Corporation and so you will be required to take its permission for building the private pool

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

f you have not received the OC, then you can do the following:

1. You should collect the papers evidences relevant to your case;

2. You should collect evidences of the agreement copy, make sure it is signed by both the parties, the banking transaction showing that you paid the full value of the bungalow, the stamp duty etc;

3. You should write a personal letter to the the builder asking him to procure the OC and hand over the possession letter to you, otherwise you could take legal steps;

4. If they still don’t respond, then issue a legal notice through a lawyer to them stating that you have been

wrongfully been cheated by the builder;

5. Since the OC has not yet come, you can also file a complaint before the RERA authority irrespective whether the the project is RERA registered;

6. Then last stage you can file a case in court whether a suit or consumer forum or an FIR in police station against the builder.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

If swimming pool & the club house are agreed by the builder in writing and included/mentioned in the builder buyer agreement/sale deed, file consumer complain,

Or Refund of amount paid towards swimming pool & the club house

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

file complaint before consumer forum as advised herein above

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

can u please elaborate what exactly is written in your agreement?

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

In that case the builder has to comply with the agreement.

As advised, send a legal notice to the builder.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

Than its an open case of violation of terms/promises agreed/offered by Builder, Clear case of Consumer dispute.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

Hi, you can file a complaint before RERA bench and ask for the compensation from the developer .. Kinldy share the BBA(builder buyer agreement ) for further guidance over the construction of swimming pool ..

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
65 Consultations

4.9 on 5.0

First of all pls check if the builder has registered his project under RERA or not. because if its an ongoing project and oc had not been received till may 1st 2017 than its mandatory to register it under RERA.

If he has registered than u can under Rera u can file a complaint of non compliance stating its brochures and the agreement, that the developer has promised these amenities and has not providing the same.

If he has not yet registered in RERA and project is ongoing then u can first complaint in RERA that he has not registered the project too..

You can also take this matter to consumer court if the project is not registered under RERA.

Yes the developer is right. u can’t install a personal pool because its not mentioned in the sanction plan given to the development authority.

Girish Bhambhani
Advocate, mumbai
24 Answers
1 Consultation

4.0 on 5.0

1. IF ur plot of land is already transferred in your name in the revenue records, THEN you may proceed with the written permission of the local civic authority and the builder cannot take any objections.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

Then you can hold them liable for not obtaining the OC. You can also send a legal notice/file a suit for non-performance of the contract against the builder and seek compensation.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If it is written in the agreement and the developer had not build them, or he is delaying and when you are willing to install a private pool he is objecting, then you can ask for compensation. Besides, ask for delivery of OC asap.

If still he delays, then you can go for alternative dispute resolution or mediation. Still, if not delivered or build, then you can seek help from Consumer Court.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. For making any construction, you shall have to take sanction from the appropriate authority like Municipal Corporation by submitting your construction plan.

2. If it is mentioned in your agreement for sale that you can not make any additional construction in your bunglow, then the other bunglow owners can approach the Court for an order restraining in making the said construction of the swimming pool.

3. However, if all the bunglow owners form an association/society then you can place your proposal before the society and if consented by the society by passing a resolution in a general body meeting, you can construct the said swimming pool.

4. Additionally, you can file a complaint case before the local District Consumer Dispute Redressal Forum against the developer alleging deficiency in service and unfair business practice praying for a direction upon the developer top complete the said construction within next 2 months failing which he will be liable to pay penalty @ Rs.10 K per days delay and if he fails to complete the construction with in next 6 months, his properties will be attached for selling and recovering the penalty and also for getting the said construction completed through some other contractor.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

1.File a complaint case against the developer as suggested in my earlier post./

2. Engage a lawyer having expertise in dealing with consumer cases.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

1. Since the cost for getting the pool and the club house constructed through some other contractor will be more then Rs.20 Lakhs, you shall have to file the consumer case before the State Consumer Dispute Redressal Commission in place of the District Consumer dispute Redressal Forum.

2. In the said consumer case as suggested in my earlier post, also add the claim of paying the said amount which will be required to make the said construction through some other contractor.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

Then firslty, you please file a case for breach of contract against the contractor and ask for the refund of that much money.

Once you get the money or if you can build the same by your own without waiting for the refund of money then take appropriate permissions from the authorities if any there as per local laws.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You cannot make alterations to the premises/building as per your whims, the approved plan cannot be deviated.

You may have to obtain permission from the competent authority for any alteration/addition to the existing structure or premises by following the formalities in this regard.

Have the possession handed over and the registered sale deed executed in your favor.

You can issue a legal notice to the builder to complete the construction of the promised amenities

Failing to respond or comply with the demand made, you may drag the builder to the consumer forum to get your grievances redressed.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

What STEP SHOULD I TAKE AGAINST THE DEVELOPER

First issue a legal notice demanding the deficiencies to be completed as per the original sale agreement conditions.

If there is no response then you may plan to initiate proper legal action through consumer forum

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Yes it’s written in the agreement for pool & club house by the developer

If that is the case, then after legal notice you can even approach civil court with a suit for specific reliefs.

Alternately you can approach consumer forum.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

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