• No OC, no handover since 5 yrs but collecting maintenance by threatening disconnect water

We bought property in Nalasopara west 5 yrs ago.
Bldr promised to provide club house, intercoms and OC within next 6 months after buying flat.
We were not in intention to take possession but forcibly he handed over us by calling again and again.
Now neither he provided OC, no BMC water connection but tankers, no maintenance of lifts and bldg premises, not good security.
He is even not giving bifurcation of maintenance individually but collectively where most of the services are not being provided to us. Thus most of the owners stopped payment against maintenance (1lakh advance already collected from everyone of us).
Now he started disconnecting water pipes of flats and demanding maintenance with interest and telling us to forget everything we promised you while selling of this flat and forget 1 lakh too. He's not ready to provide us any details but asking maintenance which is already unjustified.
Now sm people in bldg are living without single drop of water.
Please advise what can we do to resolve this Big Scam!
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

File complaint against builder before RERA and seek orders to direct builder to obtain OC , provide water connection and other facilities promised by him 

 

2) also audited accounts for maintenance collected by him 

 

3) seek compensation from builder and litigation costs 


Water is essential service and builder cannot disconnect water pipes 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

The affected people should first issue a legal notice o the builder demanding the pending works including the connection of disrupted water supply.

After that drag him to the consumer forum seeking relief and compensation for the deficiency in service.

You can demand OC and all other services which were not provided by the builder as promised including the maintenance of life and other common areas.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

If OC is not there then under no circumstances you should have accepted the possession

Occupying the premises without a valid OC is illegal

Also if OC is not issued for the building then the builder is required to register his project with Rera 

If that has not been done then you can give information to Rera regarding non registration of project despite there being no OC

Registering project with Rera when there is no OC is mandatory and would entail payment of penalty by the builder If he has not so registered his project

Once the Project is registered then you can approach Rera by filing a complaint against builder for misrepresentation and for making false promises

Also you can seek urgent relief not to disconnect your water supply

However you need to note that without an OC even the Municipal Corporation is not obliged to supply water to such buildings

Your accepting possession was itself wrong in the place

Under no circumstances you should have accepted possession 

I am not too sure if you can approach the HC by filing a writ petition against disconnection of water supply because it is not that BMC has cut your water supply and even otherwise BMC is not obliged to supply water to a building without OC

Yusuf Rampurawala
Advocate, Mumbai
7536 Answers
79 Consultations

5.0 on 5.0

You all can make complaint against builder in RERA and consumer forum office. Plus all of you flat owners come together and form a proposed society for time being and ask every detail amount of expenses made from one lakh maintenance amount collected.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

This is an instance of gross deficiency of service. 

Therefore you can file case before the consumer forum wherein you would get refund of money which was illegally exacted from you and enough damages for the agony you have met so far. 

Moreover the consumer can direct your builder to provide all the necessary essentials within a specified time. 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

File a complaint against him in the consumer court. He will have to provide everything 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Water supplies and Electricity are essential services to man kind which cannot be disconnected arbitrarily by the Builder. You may file Police complaint. 

For OC and completion of project if registered under RERA then approach MAHARERA to redress your grievances against injustice being caused to you by your Builder otherwise Civil Court for injunction against the Builder and developer of your building as per due process of law. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear client you may file a case before the district consumer dispute redressal Commission for the same.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

File FIR against him first and a complaint in consumer court for deficiency of service. You can also file a complaint to registrar against the said builder

Prashant Nayak
Advocate, Mumbai
32046 Answers
183 Consultations

4.1 on 5.0

File a criminal complaint against him for denial of essential services. Also file a consumer complaint against him for deficiency in services and unfair trade practices.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to file the police complaints as well as complaint to the various civic authorities for action against the builder. You may also file the WRIT Petition in High Court for prompt action against the builder. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

File consumer complaint and also file FIR of cheating and criminal breach of trust. For effective solution, all should file FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. Lodge FIR against builder for disconnection of water connection.

2. Also file suit against him before consumer forum or RERA for not providing promised amenities nor providing proper maintenance as promised at time of possession.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You need to send a notice to the Builder to apply and handover occupancy certificate within one month from the date of issue of your notice, if the Builder does not respond, file a complaint in the consumer forum. Builder cannot escape the liability for securing the Occupancy certificate.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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