• Occupancy and possession certificate

Sir,  I purchased a flat at bda layout in yelahanka Bangalore and the builder insisted and got registration done in Feb 15 .The work of flat is still going on.since it's top floor, we found water seepage in Month of February after registration and he keeps doing water proof work since then and it's not over yet.meanwhile, interior work works and grill for balcony is done by me.
He Is ready to give possession certificate now and oc he 'll get during Akrama sakrama as there is about 25% violation he says.

Should I take possession, as Rcc roofing is poor and no oc? 
He is ready to pay back only money what I paid him and not registration cost and interior, gril work cost.
I am paying emi from February on my home loan.
Is it possible to get all money back from him?
Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) take possession of the flat 

2) if builder does not obtain OC then move consumer forum for reliefs to direct builder to obtain OC 

3) if there are any leakages builder is bound to rectify the same 

4) you can later sell the flat and take advantage of increase in flat prices 
Ajay Sethi
Advocate, Mumbai
45696 Answers
2688 Consultations

5.0 on 5.0

1) if you cancel the agreement builder will deduct the cancellation charges as per agreement 

2) you would be the loser as you wont get advantage of increase in property prices . 

3) plus builder wont refund you stamp duty , registration charges 
Ajay Sethi
Advocate, Mumbai
45696 Answers
2688 Consultations

5.0 on 5.0

1) take possession first . builder is bound to rectify all leakages in the flat . at time of possession mention that roof is leaking 

2) 15 days time after issue of legal notice 

3) delay in handing over possession is only 2 months . you can seek compensation for delay as per clauses in your agreement 

4) before taking possession you can send email that there is delay in handing  over possession of 2 months and ask builder to pay compensation 
Ajay Sethi
Advocate, Mumbai
45696 Answers
2688 Consultations

5.0 on 5.0

1. Get the possession fast as this is required to safeguard your interest in respect of the property more so when it is already registered in your name.
2. After getting possession if the faults in constructions is not corrected then you can file case in the consumer forum wherein you can seek for compensation and damages as well. 
Devajyoti Barman
Advocate, Kolkata
12880 Answers
166 Consultations

5.0 on 5.0

after registration it is better to take possession of the flat, from the date of registration 12 months would be fixed by the builder to rectify any defects in the said flat, use this period to highlight those defects or short comings in the flat, if even after issuing a legal notice these defects are not rectified, then file a complaint with the district consumer forum, seeking delay compensation along with damages for incomplete work.
Kiran N. Murthy
Advocate, Bangalore
999 Answers
89 Consultations

5.0 on 5.0

seepage in  roof or ceiling is a matter of serious concern. It i the  builder's responsibility to get it  completed and hand over possession with OC. The deviation has nothing to do with OC,if he has deviated the construction plan then it is his problem.  He is liable to answer.
If he has agreed to refund the entire consideration  amount,what is the mode of payment?, dont accept post dated cheques, ask him to credit the amount directly to your bank account or to pay the same by DD. 
You can draw him to consumer forum for delay in completion beyond the grace period as per agreement and also for deficiency in service for the sub-standard construction work ex.seepage in roof and any other irregularity observed. 
T Kalaiselvan
Advocate, Vellore
35867 Answers
390 Consultations

5.0 on 5.0

1. It is unwise to have the property registered in your favour unless the construction is complete and OC has been obtained by the builder. Without OC the property cannot be occupied by the buyer. 

2. If you wish to recover the amount from him then you will have to cancel the sale deed, which can be done only within the four corners of the agreement.  To cancel the sale deed one has to make out a case for violation of the sale agreement. If the builder refuses to refund the sale consideration then you may file a lawsuit for recovery of money and also claim compensation.

3. Alternatively, you can file a lawsuit against the builder to seek court's directions to him to address the issue of roof leak. To this end, you can issue a lawyer's notice to him.

4. Do not take possession unless OC has been obtained by him.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

A. Whatever the amount paid for a hostel, lodging, rented house and apartment can be a strong proof over money paid to a relative as 'rent'," you can recover this amount from the builder by dint of delay of delivery possession. Is there any penalty clause mentioned in the agreement towards the delays in delivery of possession?

B. Unless obtained clear clarification with respect to OC and also it must be certified by the authority whether the constructed flat is competent to occupy or not?

C. Before lodging the complaint before the forum that you can issue a legal notice to the builder by giving 15 days time. Thereafter, if you don't receive the prompt reply from him then you can lodge the complaint.

D. File a complaint before the consumer forum under the defective goods and deficiency in the service to give direction to the builder to complete the construction or claim damages, interest  over the principal amount and compensation for the delay of delivery of possession by submitting all material records.

E.. Damages can be classified into two broad heads: Indirect losses and direct losses. Direct loss is the money lost due to the delay in getting house possession. Indirect losses cannot be quantified and usually arise out of trauma.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

Hi, if the quality of the work done by the builder is not good then you have no options you have to approach consumer court for deficiency of service.

2. Normally if the building has violation then BBMP will not issue the OC and it is better you have to approach for compensation of deficiency of service.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer