- As per Supreme Court, No builder/society is entitled to disconnect or suspend common amenities including water supply, and only can issue a legal notice to the defaulter and if he/she does not pay the same, then approach the court for recovering the dues of maintenance.
- Further , the builder cannot charge any maintenance from the flat owner without OC and giving alll facilities.
- Further, Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.
- Hence, in the absence of an Occupancy Letter, you should not accept the possession letter from the builder.
- Further, you should not pay any amount before handing over the OC to you.
- Further, as per RERA,, A builder cannot give possession to buyers without OC
- Hence, if the builder fails to give or obtain OC, then you should lodge your complaint before RERA.
- Further, you can also file your complaint before the Consumer court on the ground of deficiency of services, and to claim compensation as well.