You can file case against builder and seek other reliefs

2) no need to send fresh notice to builder

This is my response to you:

1. You can directly file a case on the builder;

2. Since the circumstance changed it is not your fault;

3. Therefore the dates of sending that earlier notice, the deviation report's date and the filing of the case all matter;

4. So you can go ahead and explain to the court.

Hi, the relief that you are seeking should be consistent from your legal notice to the complaint that you are filing

you should send another legal notice.

1. You have already sent two notices to him. Now you cannot withdraw the factum of OC through a fresh notice. When the case is filed and reliefs sought they cannot be incongruous to the facts mentioned in the legal/statutory notice.

2. There is no requirement to send a fresh notice. You can directly file the case now.

It has to be mentioned, else the court may dismiss the plaint on the ground of inconsistency in notice and plaint. In civil cases one can lead evidence and argue only on what has been pleaded.

No need to mention about OC

You can mention STP not provided for , deposits not paid and seek order to direct builder to provide STP , your deposits

Dear client,

It would be better if sent notice again.

Firslty, you are open with both the options as either you can give another notice after deletion of that part or can clarify in the suit itself before the court.

Secondly, if you do it by way of notice then you may have your limitation period start from then only.

Thirdly, and if you go by making it clarify befor the judge then aslo it may not harm you much.

1. if you apprehend that asking for OC will lead to certain demolition, etc. in order to rectify the deviations, then i suggest you might as well withdraw from the project and claim full refund plus interest and compensation from the builder by filing complaint with RERA tribunal

2. as it is if OC will not be granted, you wont be able to take possession and live in the flat. Even if possession is given, it will be illegal without an OC

Yes, it is not necessary that you raise all the points in this case proposed to be filed by you against the builder, that were mooted by you in the notice.

You are free to pick choose grievances that you want to raise in any legal proceedings. Thus, it is you who is going to decide what all you want to pick from the notice and what you wish to leave.

You can always express your grievances before court on all the aspects where you feel aggrieved.

About mentioning the subject of OC, you can be a better judge of the situation, if you feel that it may hamper your own cse then you may avoid the same.

In my opinion you may express your grievance of not getting OC due to the builder's deviation which is not your fault.

Let him pay the penalty to regularise the deviation if allowed by the competent authority on the orders of the court.

In my opinion you should not lose an opportunity to express your grievances and seek proper relief ion all aspects since you have already approached court.

You cannot afford to approach court for each and every petty issue, hence better think about it based on the prevailing situation.

Dear Sir,

Yes, due to recent developments such changes can be made in the suit that may be filed in Court.