• Builder unable to provide completion certificate

Dear Lawyers,
My father in law had booked a flat in greater noida. Booking was made in 2012 and scheduled 95% payments were made on time till 2015. Now Builder is unable to provide completion certificate and further pressurising us to make balance 5% payment and take possession without completion. Builder is giving all sorts of excuses. We have raised a complaint at UP-rera website and deciding due course of action. Please suggest any valuable inputs.up-rera hearing date is scheduled at Moradabad last week of may 2018!
Thanks in Advance
Rishi Sawhney
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

Hi, as you have already filed a complaint before RERA bench , the proceedings will take place as per procedure ...As per RERA provisons you can ask for refund alongwith compensation by cancelling the flat or you can retain flat and seek monthly delay compensation ...The RERA bench has to decide the complaint within 2 months as per provisions ...For further doubts you can contact me in person ..Thsnk you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

These cases can help you:

1. Party to the case

Mr. Nishesh Chandra Mishra Vs. Ansal API Golf City

Brief Facts

The complainant filed the complaint alleging that the builder has not offered possession even after the expiry of the date mentioned in the agreement. And requested for compensation and interest from the time the possession date mentioned.

Held

The RERA Authority, Lukhnow directed the respondent i.e. builder to pay 10% p.a interest on the amount paid by the complainant from the date of such payment, as compensation. And interest shall be paid within 45 days of receiving the order.

Authority

UP RERA

Month/Year

December 2017

2. Party to the case

Gursharan Kaur Sehgal Vs. M/s. J.N.C Construction Pvt. Ltd.

Brief Facts

The present complaint was filed by the complainant alleging that as per the builder buyer agreement the respondent has defaulted to handover the possession in December 2015. Hence demanding the refund of the amount paid till date along with the interest at the same rate which the respondent has charged for delay in payments and compensation. The respondent has not appeared for the hearings.

Held

"The authority directed the respondent to pay within 45 days of the days of orders i) To refund the full amount paid till date along with 24% of interest (same as charged by the respondent for the delay in payments) ii) Mental compensation of Rs. 2,50,000/- Failing which the respondent will be held liable under section 63 of RERA act and the said will be recovered under section 40 of the Act."

Authority

UP RERA (Hapur)

Month/Year

February 2018

3. Party to the case

Mrs. Renu Kumari Vs. M/s Amrapali Lazer Park

Brief Facts

The present complaint is filed seeking a refund of the amount paid by the complainant to the respondent, along with interest of 24% due to delay in possession, in addition to compensation of Rs.25,00,000/- for the mental harassment caused to the complainant.

Held

The Authority directed to refund the following within 45 days of order, through account payee cheque, (i) Refund of total amount paid by the complainant till date (ii) penalty as per Buyer Buyer agreement which was Rs. 5/- per square foot per month based on super area.

Authority

UP RERA

Month/Year

January 2018

You should also do the following:

1. Ask for maximum compensation;

2. Ask for refund or delivery;

3. Ask a lawyer to represent you or use the case laws above mentioned. You can find them on RERA website.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) builder is bound to furnish OC and then deliver possession of flat

2) you cannot be forced to take possession of flat without OC

3) you are liable to make balance payment of Rs 5 lakhs as per clauses in your agreement

4)if agreement provides that balance 5 per cent is to be paid on issue of completion certificate then dont make any payment now

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. is the project registered with RERA?

2. you did a good job by filing the rera complaint

3. the builder may raise the defense of force majeure i.e. his inability to obtain the OC is due to reasons which are beyond his control. using that ploy he may try to justify the delay in handover of possession with OC

4. the builder will be given a chance to file a reply to your complaint. based on that you can file further reply to the builder's reply

5. if the authority finds that the reasons given by the builder for not being obtain OC and handover possession are not justifiable under law, then the builder will be asked to pay you interest plus compensation for the delay. this is in case you wish to continue with the project. if you desire to withdraw from the project, then the builder will be obligated to refund your money alongwith interest and compensation

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

See if the project is registered under rera complaint to rera authority before the bench established at local jurisdiction the authority shall provide you relief you shall not take possession before the CC and OC are provided to you.

Also you can file a consumer complaint against the builder for refund of amount with interest or compensation along with litigation charge and damages also if builder in not position to furnish the CC of the building.

Take prompt step against the builder issue a legal notice to builder.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi

Along with rera complaint you can file a complaint in the local consumer court also.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Client,

Remedy under RERA, perfect and speedy,

Rest u can file consumer complaint,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firstly, now after the intervention of RERA number of matters have been referred to it, but the response is not so good though you are fortunate to have scheduled date.

Secondly, go for the date hearing, and see if something can be com out.

Thirdly, if no then come in appeal to the High Court as the demand is arbitrary.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Taking possession of property without CC or OC my bring problems in future, hence it is not advisable.

You may urge for procurement of CC or OC after which may pay the balance of sale consideration for gtting possession of the house.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

You have taken a right step and the RERA is having power to direct the builder to pay maximum of 10% of your paid up money as damages. Think of taking possession if profitable then continue your battle since builder may not have funds to refund your money even if RERA orders in your favour.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

You must appear before the authority with all the relevant documents.

In all probabilities the builder on the said date will take time to file a reply.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer