• Compensation for delay in possession of flat and without OC

I booked a flat in an under construction 15 storied building with due date of possession being June 2012. The builder constructed 20 storied building and delayed the possession. The builder demanded last installment in August 2014 which was processed and paid by the bank even though the occupation certificate had not been issued. As I was insisting on OC before taking possession and paying the two years maintenance charges in advance and I was also demanding compensation for delay, the builder sent a legal notice for the payment as outstanding dues in January 2015 and the same I paid as per the notice. A 'no dues certificate' was given to me. Thereafter waiting so far, finally I have taken possession of the flat last week even though the occupation certificate is not issued yet. 
I want to know that whether I can go to consumer court now for demand of compensation for the delay in possession from June 2012 to May 2015.  Can I rent out the flat in the absence of occupation certificate. More than 80% of flats in the building are occupied by owners / tenants by now. Please suggest me for my future action.
Asked in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) file RTI application with BMC to find reasons for non issue of OC by BMC

2) then file complaint before consumer forum and seek directions to builder to obtain OC within stipulated period 

3) also seek compensation for delay in delivery of possession of 3yrars 

4)contact a local lawyer terms of sale deed correspondence exchanged with builder have to perusedfor further advice 
Ajay Sethi
Advocate, Mumbai
28472 Answers
1543 Consultations

5.0 on 5.0

1. You should have sent a legal notice through your lawyer to the builder seeking possession, compensation for delay in giving it and also for OC. By not doing so you missed the bus.

2. It is most unsafe to take possession without obtaining OC as in the absence of OC there is no certification to the adherence of the local laws by the builder, which may result in your eviction or even demolition of the building.

3. If you go to court now to seek compensation for delay then your case will rest on a very weak foundation as you neither issued a timely lawyer's notice to the builder nor waited till the OC was granted to take possession. You may though go to court to seek OC and compensation for not obtaining the OC.
Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

1. Yes, you can very much file complaint in consumer forum and ask for compensation.
2. You can rent the flat in the meantime.
3. The occupancy of flats by owners does not mean that you can give the falt on rent or you can not seek compensation.
File a case in consumer forum.
Devajyoti Barman
Advocate, Kolkata
7279 Answers
82 Consultations

4.9 on 5.0

1. Has the builder got permission/sanction for constructing 20 storied building?

2. Enquire from the local Municipality/Corporation office in this regard since if the builder has constructed additional floors withot ant sanction, then he is not likely to get OC for the building,

3. Howver, you can file a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming compenation for the dealy in giving possession with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
13923 Answers
309 Consultations

5.0 on 5.0

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