• Not Given Occupancy Certificate

Hi,
I have purchased a flat in Kamothe (Navi Mumbai) in April-2017. I supposed to get possession on Dec-2017 but it got extended to Mar-2018 and building construction is completed but still, now I didn't get possession. When I approached the builder, he said that he didn't get OC due to which he is not providing possession letter to us. Every time when I approach the builder he gives the same answer. He also showed us the PMC OC refusal letter in which they have mention due to FB, CB, and Projected Terrace they have refused to give OC. The basis on this letter when we asked builder was there any problem in building architecture, he says NO. I don't understand if there's no problem in building architecture why would PMC refuse to give OC.

Is there any way to get OC. Kindly help and thanks in advance.

Regards
Sai.R.Bitla
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

OC is a very important document which must be taken. Buyers have the right to take a legal action if developers do not give them the same. “If the developer sends a possession letter without OC, the buyer should resist such possession and refuse to pay the principal or the so-called interest claimed. In fact, if the developer breaches timelines, buyers can take necessary recourse from the law and approach the courts for relief. In case the developer forces or threatens the buyer to take possession without OC or claim interest, the buyer can draw the attention of RERA and/or Consumer Court, as may be appropriate for taking action against such errant developers,”

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

This is my response to you:

1. There seems to be clear problem with the builder being able to procure OC;

2. Also ensure that the builder has obtained CC;

3. You can send him a legal notice for possession under RERA (if RERA registered), or MOFA and specific relief Act;

4. OC is vital otherwise the possession is illegal;

5. The builder gives fit-out possession (though it is illegal);

6. Consult a local lawyer with all the documents you have and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) if building has not been completed as per sanctioned plans no OC would be issued

2) file complaint against builder before RERA and seek orders to direct builder to obtain OC within stipulated period

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Hi

1) PMC has not given Occupancy certificate because of non adherence to plan whilst construction of CB, FB and Projected terrace..

2) The builder has not adhered to permitted plan and has deviations and hence the OC has not been issued.

3) In general, if the defects are minor in nature, the same can be rectified by the builder, post which the OC will be given.

4) The deviations in your case seems to be CB, FB and projected terrace and these deviations are also compoundable (payment of fine) , and your builder can make the payment of fine and obtain occupancy certificate.

5) Next Steps:

a) Please obtain the copy of the OC rejection letter and

b) Meet an architect/ structural engineer to ascertain whether the offences are compoundable are not.

c) If the offences are compoundable by authorities, ask the builder to pay the fine and obtain OC.

d) if the offences are NOT compoundable, then the builder has to demolish/alter the existing construction and make new constructions in accordance to the plan to obtain OC.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. Liability to obtain OC is on the builder and not purchaser

2. If there is delay in handover of possession due to non receipt of OC then buyer is entitled to interest on paid amount from the date of possession mentioned in registered agreement upto date of handover of possession

3. Claim interest for late handover of possession with OC from the builder

4. If there is a projected terrace etc mentioned as reasons by PMC for refusal to grant OC then it means there is violation of sanctioned building plans by builder

5. But municipality people are also very corrupt. They come up with some or the other arbitrary excuse or reason to issue the OC so that builder is compelled to grease the palms of the municipal officers so that they issue the OC

6. The builder's architect will have to aggressively follow up with the PMC for the OC

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

There must be some deviation from the building plan/ non-adherence with the building bye laws because of which the OC has been withheld.

Prefer an RTI before PMC to know in case your builder has reapplied for ontaining OC, and in case yes, what's the status of his application.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. As you suspect, there should be issue with building architecture / layout plan, so that PMC refused the clearance.

2. I suggest you to issue legal notice to the builder for the delay in issuing OC.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Dear Client,

Procuring OC is part of BBA and bound on builder and it can refuse when construction violates building by laws. Builder is liable for it.

Complain to RERA for immediate relief, till possession not delivers you are entitle to interest and penalty on builder.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir OC has been refused for the construction as the mentioned things are not as per the plan approvals.

Further you can issue a legal notice to the builder for possession and OC and further damages for delay. if he fails to give same in notice period file a RERA complaint against the builder. Alternatively you can also approach the consumer court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. IF the civic body is not granting OC, THEN it means that Builder has violated the building plan norms of the civic body, which needs to be rectified, ELSE the OC will never be granted. Builder typically delays it and Flat-Owners are forced to occupy their Flats without the OC, wherein water charges and property tax are levied at higher rates.

2. Getting OC is the liability of the Builder and the Flat Owners CANNOT do anything about. EXCEPT to file grievance petition before the local Consumer Court against the Builder. This will usually set right things. A Petition before the local RERA authorities is also possible.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Instead of trying to get OC, you demand delivery of possession and registration of flat by procuring OC.

It is the problem of the builder for deviation in the construction.

If your calls are not responded you may issue a legal notice to the builder to hand over possession of the flat and to execute the registered sale deed as well.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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