Dear Clietn,

To secure your payment, possession is must but OC certifies that the construction of the building has complied with the approved plans and In the absence of a valid OC, the local municipal body can initiate serious action against flat owners. Even can be demolished as it can be classified as an unauthorized structure.

Complain to RERA.

What is reasons for rejection of application of OC ?

file complaint against builder before consumer forum and seek orders to direct builder to obtain OC 

if project is registered with RERA you can complain against builder before RERA and seek orders to direct builder to obtain OC 

Sir, 

You have two options. Getting to OC is your builder's duty. If he fails to get the same, that means there are some shortcomings. This is lead to delay in possession, he is offering you possession regardless of OC. 

You can file for compensation as delay in possession is there,

Without OC, your flats won't be recognised.

Ask builder when he will be getting OC and what is time frame to get OC and what is reason behind it and reason.

builder is correct

no possession can be given or taken unless OC is received

A CC is merely a certificate of the architect or PMC stating that the project is complete 

after a CC is issued by the project architect, the officer of the local body or Municipal Corporation personally inspects the building and does a survey to check if all the sanction conditions are duly complied with and only upon being satisfied that the conditions are properly adhered to, he either gives a conditional or unconditional OC 

You will have to ask the builder to get information from the local body as to on what grounds the OC was rejected and what are the irregularities he found on survey entitling him to refuse OC grant 

Hello,

Yes you can move with the CC also but please check the reason as to why the OC ahs not been given by the PMC and what is the reason of rejection? 

Regards 

See you cannot move in without OC after completion certificate , the local body inspect the project and then issue Occupancy certificate. So the builder has to inquire why OC is not received or being denied to local office and has to put an application for same.

1. IF the local civil body is not issuing "OC" THEN it means that the building is NOT constructed according to the sanctioned plans, for which the builder is liable.

2. File grievance petition before the local Consumer Court, against the Builder, for relief, damages and compensation for the delay in possession and OC.

Keep Smiling .... Hemant Agarwal

You can approach a lawyer and ask him to issue a notice to the builder asking him to apply and hand over a copy of the OC. You can also approach the National Consumer Disputes Redressal Commission (NCDRC) and file a complaint against the developer.

As per the law you can't move in without oc. But most of the people move in without the same being illegal. PMC is not authorized to provide you oc it is given by municipal corporation after due verification that the said Construction is carried out as per sanctioned plan.

If the competent authority has rejected the application for OC then the builder has committed faults in the construction and has not complied with the procedures meant for this properly. 

Taking possession without OC is not advisable.