• Builder is calling for registration before finishing flats and not giving possession

I booked a flat with Shriram Summit Bangalore in May 2013. Promised delivery date in sales deed is December 2016. Flat is still under construction in 2018, 95% of cost has been already paid through demand notes. Last few months people have started going to ReRa demanding delay comp and possession so now builder is calling for registration, even though the flat is not even complete with sanitary fitting, water, lift, electricity etc... builder is promising possession after 2 months of registration but they have other projects where people registered 2 years back and are still waiting for possession. Please advise.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

builder can execute registered sale deed in your favour

2) it is in your interest that registered sale deed be executed

3) it confers title to property

4)builder cannot deliver possession of property till OC is issued

5) further builder has to compensate you for delay in delivery of possession

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

This is my advise to you:

1. You should immediately file a complaint before RERA;

2. Since the builder has made false promises in the past, this time also he might be lying;

3. Once your flat is rera monitored you will never be cheated, because the authorities will keep a check on the builder's activities;

4. You cant register the property if the BCC, OC and other clearances have not come;

5. Therefore the best option is to approach RERA and the builder will be held accountable at all times.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

First of all the registration of the property can be done before completion of these outfits further the possession can be only taken when the occupancy certificate is issued from the authority.

Registration of flat cannot will not prejudice your right till you want to cancel the flat so if you want to cancel the flat and want your amount back with interest then you can instead of going for registration can file a complaint before the consumer court on the deficiency of services and ask for the cancellation of flat along with the interest and compensation as the delay period is so much the court can grant you a relief of compensation.

Alternatively since the project is under construction so it must be registered under RERA authorities can also be approached.

Further through consumer court and RERA after registration also the compensation can be demanded.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. It's good. Get your agreement registered.

2. But do check the following

- carpet area

- date of possession

- amenities and services

3. If builder fails in his promise then you can drag him to RERA.

4. If you have allotment letter in which delivery date is mentioned then just file online complaint to RERA tribunal. Demand interest and compensation on your money which u paid.

5. Also complain that despite taking 95% payment, builder did not register agreement

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. If the construction is complete almost 90% as it appears then there is no harm in going for registration provided there is mentioning of competition of remaining work within a stipulated time.

2. However do note that after registration of deed of sale you can not seek compensation from RERA

4. So f you seek your grievances to be redressed then do not go for registration at this stage.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi

1) It appears that the flat is not in habitable condition given that basic amenities such as Sanitary fitting, water, lift electricity are yet to be provided by the builder, but the builder is insisting on registration of property in your favour.

2) Now that RERA, Consumer Act are very strongly favouring the home buyers, you should opt for registering the property in your favour only if the Builder completes the pending works pertaining to amenities make the residential project habitable and at the same time provides you with Fire NOC , Occupancy Certificate and other statutory approvals pertaining to Electricity, Water and Sewerage Connections etc. .

3) You should issue a demand notice to the builder asking him to complete the pending works and provide you Fire NOC , Occupancy Certificate and other statutory approvals pertaining to Electricity, Water and Sewerage prior to execution of Sale deed in your favour.

4) With RERA in place, it is in the interest of the builder to complete the project as per promises made by him within time period committed as penalties are huge for the builder under RERA.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Dear Sir,

According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.

Living in a flat without occupancy certificate? You may lose power

BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.

The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.

In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.

Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.

Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartmnt builders, by disconnecting power.

But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.

There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.

BOOM FUELLED GRAFT

So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."

The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) If you had paid 95% of amount to builder, first get register of flat on your name.

2) Do continuously follow up with builder for completion of the flat internal work and take possession of the flat ASAP.

3) Try to talk politely with the Builders as you had paid 95% of payment and asset is still in hand of builders.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Yes you can refuse and further file a consumer complaint before consumer court showing

: Delay in possession as per your agreement and builder has done a malpractice for registering different date with rera for which separate complaint can be filed with RERA authority also.

Seek compensation for delay and mental harassment also you can strictly issue builder OC before possession and before oc no delay charges can be levied.

See registration is for ownership of flat so of you have no plan of getting out of project then you can go for registration and still claim compensation

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Terms of contract are sacrosanct

2) if builder has mentioned date of completion as December 2016 it would be binding upon him

3) he has to compensate flat purchasers for delay in handing over possession notwithstanding in RERA builder has mentioned completion date as 2019

4) you are not liable to pay holding fees as no OC has been issued and builder cannot force you to take possession

5) do not refuse registration of sale deed

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Rera can't do lump sum settlement at 50k

2. It has to be as per law and what is given in rera

3. You can always challenge such decisions to rera appellate tribunal or if no appellate body is formed then you can file a Writ Petition in High Court

4. The date mentioned in your agreement or allotment letter will have to be considered

5. In your case the agreement is not registered, that's why rera is considering the date mentioned by builder on rera website for handing over possession

6. But if you an Allotment letter which mentions date of possession then you can use that

7. Builder has to pay you interest from date mentioned in allotment letter till he hands over possession. He will also have to pay compensation

8. You must get your agreement registered. It will bind the builder. Do check that the agreement is as per rera format and not drafted by builder's lawyer having one sided clauses

9. Also the date for possession in the agreement to be registered must not be any date after the date mentioned on website. It has to be same date as stated on website or before

10. If builder does not hand possession to you with OC on the promised date as stated on website or agreement, whichever is earlier, then you can again approach rera.

11. Dont go for any settlement in the Rera tribunal. Have your matter properly adjudicated before the tribunal and not any conciliation body set up for settling disputes

12. Builder does not require the documents stated in your query for registration. He only needs sanctioned plan and other permissions obtained by him from competent authorities

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

You can file an case in Lok Adalats.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1) You have one more option that you may complaint in the consumer forum of your city. That after paying 95% amount still we have not received possession of the flat and builder is charging heavy holding fees if we are delaying the registration process, whereas builder has not completed internal work at all.

Or

Follow above points which I have mentioned previously.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. It is improper to register the flat which is unfinished and for which CC has not yet been obtained from the appropriate authority.

2. Collect evidence that the builder is so insisting for the registration before complition.

3. Arrange to jointly file with other sufferers, a complaint case before the local State Consumer Dispute Redressal Commission ( since the joint claim will be for more than Rs.20 lakhs) against the builder alleging deficiency in service and unfair business practice claiming amount equivalent to rent of your flats fort the delayed period with interest, penalty, damages and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. You should not register the said flat without taking possession.

2. You should not take possession of the said flat before its completion in all respect and collection of CC/OC.

3. The builder can not show multiple dates of completion conveniently which is required to be challenged by you before the Court of law.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Firstly, I would advice you to not to go for the registration till the time you don’t get the possession.

Secondly, yes, now if you are not happy with the RERA tribunal then now go before the High Court.

Thirdly, ask for the heavy compensation plus all amount to be refunded with interest.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Actually taking possession without completion of construction and also without OC is illegal.

The builder cannot force you to take possession or have the property registered without completing the construction work.

You can refuse to get it registered.

A completion certificate is an essential and mandatory official document authorizing that a new building has been constructed and completed as per the safety norms and guidelines of the Buildings Act.

This certificate is issued by the local authority after inspecting the completed building.

However since you have paid 95% of the amount, the builder is not relieved of the completion certificate, you can drag him to consumer forum if you plan to get the property registered and occupy the same now.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can weigh the options on the basis of the prevailing situation.

A CC is a legal document that attests the fact that the new building has been constructed and completed according to all the safety norms and regulations.”

every ongoing and under-construction residential project, or projects that have not received their completion certificate before RERA became a law, comes under the purview of the Act.

This means that buyers into such projects now have a very clear picture of when they can expect possession, and what their legal recourse is if the developer fails to deliver.

That also applies to the amenities and facilities mentioned in the sales agreement, from which there can be no deviation unless two-third of all buyers in the project agree to such changes.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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