This project started around 2007 and construction of the building is completed. Builder has CC until only 16th floor and he built 22 floors already. This is one of the redevelopment project where builder built 2 towers, 22 floors each(1 private tower and 1 for tenants) Builder gave the possession to most of the residents from floor 1 to 22, whoever paid the 100% amount in private tower. BMC came and demolished 3 flats last week only from inside (not the whole floor) between 17 and 22 in private tower which were not occupied. I am the owner of one of the flat between 17th and 22nd. BMC also warned the residents of flats between 17th and 22 that if builder did not pay the said penalty, They will start demolishing from inside just like the other 3 unoccupied flats. For now, Builder paid the said amount to BMC. Builder says that he does not have money to pay the remaining 3.5 cr to BMC to get the CC from flr 17 till 22. Builder is asking to pay the remaining balance from all the remaining people whoever has not taken the possession so he can pay the money but nobody wants to trust the builder now. Questions - 1) What options do we have as we really want and hopeful that this project should get complete? 2) What other option/s do we have as an individual or as group? 3) Will going legal against the builder anyway help getting CC and then OC? 4) Is there anyway we (resident people in private tower) take the charge in our hands and get the CC and OC ourselves? if yes, How?
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1) your remedy is to sue the builder before RERA seek refund of your money with interest
2) also file complaint against builder for cheating under section 420of IPC
3) since construction is unauthorised BMC would demolish the construction unless regularisation charges are paid
4) in alternative you can seek orders to direct builder to obtain OC
1. not advisable to pay any money to the builder
2. first ascertain for what the BMC is asking the money? Is it for regularisation of the 3 floors or is it some penalty?
3. all the affected buyers can approach RERA if OC for the building is not yet issued and the project is registered with RERA
4. they can ask for refund or possession with OC
5. If the builder is unable to complete the project with proper OC then RERA can take up the project in fit cases and complete the pending work and procedures
Hwy should you will pay. Builder is taking you for granted. File police complaint agasint builder for cheating and breach of trust. Sanctioned plan was for 16 buildings and he illegally constructed more flats to make more profit.Neither such illegal construction can be regularized by payign penalty. Such illegal construction can be demolish any time later by court.
.Ask him to provide flat in next tower. Don`t even think to pay penalty on his behalf. Builder has lot money but don`t wanna pay, cause he already received the payment and you are at loss.
No OC CC for illegal construction.
Is this penalty demand made by BMA in written ?.
1. There is no guarantee that the builder will pay the said amount even after receiving from the buyers who have not yet paid the entire amount.
2. However, all the buyers of the flats constructed on 17th to 22nd floor, shall have to approach the BMC and make a joint application seeking CC for the flats of those floors and collect an assuarnce from the BMC that they will issue the CC on receipt of payment from you.
3. Thereafter execute an agreement with the builder that he will complete hose flats and hand over to the buyers after you receive the CC and he has no objection if the penalty is paid directly to BMC by the buyers for him.
You need to file a writ petition in this before hc to give direction to builder and bmc
Issue a legal notice through an advocate and file before rera, it is your right to file a complaint against him. This complaint is to be filed before the Regulatory Authority
You can file complaint before jurisdictional police station u/s 420 of ipc against builder.
Dear client
In this situation where you want that project should be completed the only option you have is to ask builder to pay the amount and get the certificates from BMC.
The other option is that the owners of the flats between 17 to 22 floor should collect the money to pay the penalty in BMC. Or you can file civil suit against the builder to claim your money back from builder which will be tough as currently he is having no money left with him.
You can apply to extend the time limit for paying the penalty
or can go to court against the order of BMC that why they didn't stop the construction when builder start the construction above 16th floor and this irregularity will cost the buyer there hard earned money.
HI,
Out of many options available, one may be to start action against builder as well as BMC for interfering your fundamental rights of peace living because you have paid the price of your share and accordingly, you have been granted the right of stay without hassles.
1. This is known as compounding fee and the builder has to pay the same.
2. As a group you may approach the HC
3. No, going legal against the builder will not help you much because it is the builder who can get you the CC.
4. no, you can not get the CC/ OC,
Regards
It is the builder's mistake for which you cannot do anything except to face the consequences since you have bought the flats without verifying the papers or taking a proper legal opinion. Now you may have to put pressure on the builder to save your flat.
As an individual or as a group you do not have any other option other than the builder is trying to regularise the same by paying the penalty as prescribed by the Municipality.
You may file a case against the builder and also drag the local civic authority as necessary party to the proposed injunction suit to be filed before civil court in this regard.
The flat owners may have to pay the penalty as ordered by the authorities, will you all be able to meet the demands made by the authorities in this regard?
There is a huge deviation in the construction, so who will pay the penalty?
1. I would not advise you to give the remaining amount to the builder. you should consider filing a complaint against him for the deficiency of services in consumer court or RERA to provide the OC and CC to the homeowners, along with compensation for the mental harassment.
2.The entire group of homeowners can file a class action suit against the builder in consumer court where in the grievances of all the homeowners will be tried in a single case. filing of separate cases would not be required and the cost of litigation would also be divided.
3. Absolutely.
4. You can, but then it is never advice to take the possession before the CC and OC are provided by the builder. After taking possession you will be liable to pay the penalties which were not paid by the builder for your property.
