• Apartment in Bangalore without OC

Hi Sir,
I found an apartment for sale and everyone in my family like it. When we enquired to get a legal book from the builder, the builder asked us to pay 1Lakh for him to provide the legal book. We paid it through NEFT online transfer and made a legal verification and found that the building don't have OC/CC. When we asked to refund the amount, the builder is not ready to refund. All this happens in one week. We don't have any builder-buyer agreement. What I all have is proof for online transfer and phone call recordings. Please let me know the way to get the refund from the buyer.
Asked 5 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

Dear,

        First of all send legal demand notice through advocate.

        If he is not refund money in stipulated time, then file civil case against him.

        or file consumer case.

        Or you can file fir against that builder u/s 406,420 ipc.

Tarun Agarwal
Advocate, Jaipur
633 Answers
2 Consultations

4.9 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
1813 Answers
10 Consultations

5.0 on 5.0

Sir issue a legal notice to the builder if builder fails on notice to refund same you need to file a summary suit before the civil court to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

1) issue legal notice to builder to refund your money 

 

2) mention reasons that you want refund as builder has failed to obtain OC /CC 

3) if builder fails to refund file complaint against builder before RERA and seeks refund of money paid by you 

Ajay Sethi
Advocate, Mumbai
61330 Answers
3722 Consultations

5.0 on 5.0

if OC is not received for the building then it is required to be registered with RERA

Check if this project is registered with RERA

If not then you can file a complaint against builder with RERA for not registering the project and also to claim refund of the amount paid by you with interest till that amount is refunded

Yusuf Rampurawala
Advocate, Mumbai
3883 Answers
16 Consultations

5.0 on 5.0

File a complaint in consumer Court. Use the record of transaction as evidence

Netra Mohanchandra Pant
Advocate, Navi Mumbai
752 Answers
1 Consultation

4.4 on 5.0

Without a valid OC, your building can be demolished as it can be classified as an unauthorised structure by the authorities.

You can approach the National Consumer Disputes Redressal Commission (NCDRC) and file a complaint against the builder. 

You can also file a recovery of money suit along with interest

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

Since the builder is not furnishing the details of the property and also it is found not worth buying, you may issue a legal notice to the builder to return the amount he had taken as token.

If he is not complying with the demand made, you may file a civil suit for recovery or approach consumer court for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Dear Sir,It is pure cheating. You can lodge complaint with police and RERA. You can even file private complaint before Magistrate. You can file civil suit to recover the amount. Make it viral on social media and he will be afraid of lowering of his reputation and settled matter.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3970 Answers
92 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the builder knew about the fact of CC.
  2. That is the reason that he asked for 1 lakh just for providing the Legal book which is not at all appreciable.
  3. He knew that you may not be going for future transaction once you get to know about the fact of CC.
  4. You should serve him a legal notice for return of money, if he doesn’t give so, then I would advice you to go before the court of law for suit of recovery of money including interest on it and litigation expenses.

Sanjay Baniwal
Advocate, South Delhi
3999 Answers
7 Consultations

5.0 on 5.0

You have 2 options:

Approach Consumer court.

Or

File a recovery suit.

 

Alternatively, file a police complaint.

Sandeep Prakash
Advocate, Bengaluru
269 Answers
2 Consultations

5.0 on 5.0

A. You may issue a legal notice to the builder to refund the amount under the grounds that Flat construction's Defects by virtue of non availability of Occupancy Certificate.

B. You may file a civil case under summary proceedings for recovery of money before jurisdictional court and claim separate damages for mental agony and harassment.

C. You may lodge the complaint against the builder if the project has been registered before the Real Estate Regulatory Authority if the project is coming under the ongoing project with in the definition of RERA.

D. You may approach Consumer Forum under the deficiency in service and unfair trade practices due to non disclosure of material information towards the project (Non-availability of OC/CC). At your option, you could select anyone option as highlighted above. You cannot exercise your all right simultaneously. 

 

B.T. Ravi
Advocate, Bangalore
878 Answers
76 Consultations

5.0 on 5.0

You need to file a case in Consumer court against them.

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

HAve you signed any booking papers?

If not, send the legal notice and claim your money.

G Suresh
Advocate, Chennai
351 Answers
1 Consultation

4.9 on 5.0

Ask a Lawyer

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