See if the work was completed before RERA came in force you can file a consumer complaint to seek OC from the builder . Though if project is RERA registered then in that case you can file a RERA complaint seeking OC.

Builder liable to pay for delays in getting OC & CC. File consumer complaint.

Under RERA, builder is liable to provide CC. File complaint to RERA seeking necessary direction to this effect and claim compensation. RERA will decide appropriate compensation.

File complaint against builder before consumer forum and seek orders to direct builder to provide CC 

2) also seek litigation costs and compensation for mental torture undergone by you 

1. Without CC a flat is not considered to be complete nor you can apply for issuance of any license from this property.

2. So a developer before or soon after selling the property is bound to provide you the CC.

3. if he defaults in ding so as it is so in your case, you can file case before the consumer forum seeking delivery of CC and damages for delay out if it.

You said that you have registered a flat, whether the builder has handed over possession?

if so then you may have to issue a legal notice to the builder to produce CC for your flat failing which you may approach consumer forum for deficiency in service against the builder.

1. The best method to bring the Builder down to his knees, is to file a grievance petition before the local consumer court, for his negligence & deficiency & harassment & intimidation and seek directions for compliance of CC & OC.  You can also claim damages & compensation for the above offences.

2. Before doing the above, send a legal notice to Builder, to provide you the CC & OC, within 15 days, failing which you will file grievance petition before the local consumer court. In all probabilities he would come down and comply. This can be done.

Have you received possession of the flat and did builder has received CC from municipal corporation. 

Kindly check first with builder whether he had applied for OC and CC in municipal corporation.

If the project is complete as per the sanctioned plan then CC will be issued. You can proceed to HC in writ petition to give directions to deleloper to apply for CC to the concerned competent authority

it is not advisable to take possession without occupation certificate or commencement certificate. Issue a notice to builder, if he still doesnt give possession with cc, then file a complaint with RERA.

These cases are very common in various courts of India and Supreme Court of India. There can infrastructure problems, problems of law and order, high maintenance charges, uncertainty over completion and it is illegal to take possession, in the absence of a completion certificate. Apart from ensuring that basic amenities, such as water, electricity and drainage system are provided, a completion certificate ensures that the builder/owner has constructed the building according to the approved building plan. Without obtaining the completion certificate, the builder cannot give the possession of the house to the buyer.

If the builder cannot get the completion certificate, there could be trouble in terms of delay in possession. In cases where your developer has been unable to procure a completion certificate, you can directly ask the local authority to hand over the possession to you. You can apply to the authority independently by forming a residents’ welfare association (RWA). The authority then becomes responsible to answer your application within 40-50 days of your applying. If the authority also fails to offer you possession, you can approach the court.

National Consumer Commission and Supreme Court have also held that the buyer is entitled to a refund of the entire money with reasonable interest, and any deduction by the builder is unjustified.

You may contact my secretary to connect with me for clarification.

Gopal Verma,

Advocate-on-Record & Amicus Curiae,

Supreme Court of India

You should file a complaint before RERA against builder for not providing CC and claim compensation for this delay. 

Dear Sir,

Yes, get issue a legal notice to the developer.

As per rule, its mandatory to get the CC (Commencement Certificate). OC wil be obtained only after the project completion. Authorities will have to inspect your property and sign off saying there isn’t any deviation. If there is a deviation reported, there will be an additional penalty.

A completion certificate is a document from the local governing agency or municipal authority certifying that the building in question has been constructed as per safety norms and regulations. On the other hand, an occupancy certificate is a certificate/permission issued by a local governing agency or municipal authority once the construction is complete as per the sanctioned plan and the property is ready to be occupied. It indicates that the property is in a suitable condition for occupancy and is one of the conditions precedent to occupancy. On plotted development, the developer would get the CC as far as development work is concerned and the OC is sought by the individual buyers after they have constructed the property.