Its the responsibility of the builder to submit the certificate.You can apprise the authority i.e Chief Administrator,GMADA, Mohali, if there is delay in completion and in obtaining the requisite certificate.
Regarding completion certificate
I am a resident of a cooperative society in Punjab. A new section 17A has been inserted in the Punjab Apartment Ownership Act 1995 which says that if the completion certificate is not submitted as soon as possible the RWA will be declared null and void. At present we have a partial completion certificate and one of the towers is incomplete. We have been registered as a society and are in the process of electing the RWA. Is it the RWA's liability to procure the completion certificate from the builder and then submit to the authorities? What happens if the builder does not submit the completion certificate, how can the RWA protect itself from being declared null and void?
Asked 5 years ago in Property Law
Religion: Other
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
17 Answers
What happens if the builder does not submit the completion certificate, how can the RWA protect itself from being declared null and void?
Asked 5 years ago
Builder responsibility to obtain completion certificate
if he fails to do so file complaint against builder before consumer forum and seek orders to direct builder to obtain completion certificate
claim litigation costs and compensation for mental torture undergone by society
Dear Sir,
You can lodge a complaint against the builder by RWA and make use the following against the builder
==================================================================
Dear Sir,
The following information are exhaustive in nature
==================================================================
https://www.icrpc.org/icrpc.org.contact.htm
==================================================================
How To Register a Complaint Against Housing Society/Builder
Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.
Complaints that can be raised in General Body Meeting:
- Issues related to maintenance of the property
- Not displaying society’s name board
- Not allowing members access to common spaces
- Charging excessive fines, maintenance, other dues
- Failure to insure the property
How to submit a complaint to the Managing Committee?
The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.
In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.
If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.
In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.
Below is a classification of complaints and the competent authority for members to approach.
Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-
- Non-issuance of share certificates
- Refusal of membership
- Exorbitant premium demand
- Refusal to produce account books and registers for inspection/ tampering or destruction of records
- Incomplete or falsified maintenance records
- Failure to prepare audit reports/ audit rectification reports/ annual reports
- Corruption and misappropriation of funds
- Investing funds without prior approval of members
- Inappropriate/false non-occupancy charges
- Failure to conduct election on time
- Appointing defaulting members on committee
- Rejection of nomination
- Failure to conduct annual, special or general body meetings wilfully
- Failure to file returns, statements or mismanagement of bank records/documents
You have to make builder submit the Completion.
In case he is not doing so you initiate a complaint against him so that you becomes safe.
1. The primary duty lies upon the builder only to apply for and collect the Completion certificate. The RWA can ensure speedy submissions it may not be drescognised .
2. Now if there is an incomplete tower then RWA can not be formed for the whole complext and check further whether formation of partial RWA is permitted or not.
3. if not then an ad hoc body will have to carry out the works till the completion certificate is submitted for all towers after which a regular RWA is formed and registered.
It is builders liablity to procure completion certificate for the project. You can file your representation with registrar for the same and seek his directions
Dear Sir,
You may have an association of owners of the existing apartments/flats and the builder should get the separate registration done for the said incomplete tower and also he should get the completion certificate for the said existing tower.
CC is builder liability and as per the amendment, society/association cannot be form with out CC. This is a general law than possession cannot be deliver without OC, CC. So, sec 17A is fair.
Better include only those flats/members in society, which has CC. by the time CC will issue for other flats, keep including in society by passing notification.
If builder dose not provide CC and OC is also important document, file consumer complaint. Court will order builder to pay compensation and process OC, CC.
If any maintenance has been paid to builder ever by flats owners/RWA than that also recoverable as till OC,CC not issued, MC cannot be charge.
Yes it is the Builder's responsibility to obtain Completion Certificate (CC).
In the event of Builder's failure to obtain CC, then you can lodge complaint against Builder with RERA and also file complaint before Consumer Forum seeking direction from Forum to direct Builder to obtain CC and furnish it.
Your RWA can take shelter under above compliant and wait for Builder to get CC.
- As per law, Completion certificate is a legal document , that certifies the fact that a building has been constructed in line with construction norms, and it is mandatory to have water and electricity connection in the building.
- Further, for a newly-constructed building, a completion certificate is a necessary document required to ensure the supply of basic amenities like electricity, water, and drainage system.
- Further a completion certificate ensures that the builder has constructed the building according to the approved layout plan and no violations are made , and further if the builder fails to obtain a completion certificate, the possession of the house by the owner will not be possible.
- Further, Possession of the apartment is considered illegal, if the project has not received a completion certificate from the authority.
- If the said builder does not submit the Completion Certificate , then also the residents of the apartment can form a Residents Welfare Association (RWA) and apply for the completion certificate at the municipal authority office.
- Your RWA should submit an application on behalf of the owners of the apartment before the authority , and the authority is bond to response the same within maximum two months .
- Further , if the authority fails to provide completion certificate, then approach the court for getting the same.
It is the duty of the builder to produce the completion certificate to the concerned authorities, the RWA can collect copy and submit it before the registrar to confirm its registration.
The RWA can sue the builder or drag him to consumer forum for the desired relief and remedy.
The RWA has to appeal before the registrar on the basis of the documentary evidences for the efforts taken to procure the completion certificate through the builder or from the authorities concerned.
After that it can plan to file a writ petition before high court to set side the adverse action taken by the registrar, for default in this regard by the RWA
If your builder is not obtaining CC, society can issue a notice to him to apply and handover the required documents. Failing which, society can also approach a consumer forum or can file a writ petition..
You have to follow up with the authority concerned and apprise the authority about fault of the builder and in any case can ask the authority to cancel the licence of builder and takeover the project for development.
1. The responsibility falls squarely on the builder to obtain completion certificate and deliver the possession then.
2. In case of default by the builder you may approach the Consumer Forum on the ground of deficiency in service and seek directions to the builder to obtain CC and deliver the possession. Also seek compensation for mental agony.
1. Yes it is liability of RWA to submit completion certificate by procuring it from builder if they are registered otherwise it's duty of builder to provide completion certificate.
2. RWA can file suit against builder for not providing completion certificate even after completing the construction of towers.
1. Yes it is liability of RWA to submit completion certificate by procuring it from builder if they are registered otherwise it's duty of builder to provide completion certificate.
2. RWA can file suit against builder for not providing completion certificate even after completing the construction of towers.