File a class action case before the consumer forum to claim excess payment and damages.
I bought a flat with out OC and I'm suffering with it
Hi, My self Imroze Syed, I have bought a flat from the LBI Bliss Apartment, Bangalore., When i bought the flat the builder told that the building has a proper power connection but, after positioning the flat we come to know that there is no individual connection of Biscom, but in the sale dead it mentioned that they will provide the Biscom permanent connection. What I understood that this building doesn't have the OC and it's a 5 Floor Building. But this building is completed before the OC rules come in. and we have a sensation letter from the Biscom for the connection. and we have paid all the bills required for the connection by Nov and after Dec this OC rule has come and they have stoped the BISCOM connection. But the builder is absconded without hand overing and not looking after any maintenance of the building and we are charged with the commercial rate (14.25Rs). Kindly suggest to me what I can do in this situation. There are 60+ families are staying in this apartment.
Asked 3 years ago in Property Law
Religion: Muslim
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9 Answers
File complaint against builder before consumer forum and seek orders to direct builder to obtain OC , provide individual connection from biscom
also seek litigation costs and compensation for mental torture undergone by you
Since it is big apartment so all of buyers have to together file case on builder.
You can file Consumer case.
You can approach RERA.
A complaint must b3 filed against the builder and his company before the RERA tribunal immediately by all the residents.
A criminal complaint must also be filed for criminal intimidation and criminal breach of trust and cheating.
- 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 Electric and water connection and are charged a higher property tax.
- Hence, you should not pay the full 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.
- If the builder absconded , then file a compliant jointly before the police and higher official as well and lodge a compliant for the offence of cheating and breach of trust etc.
Dear Sir,
You have two options to resolve the issue and seek damages -
1) You can file case against builder under RERA tribunal
2) You can file Consumer complaint under consumer court seeking damages and direction for issuance of OC
3) If all families are suffering a Joint petition can also be filed by all.
Thank you
All 60 families should approach High Court of Karnataka filing a writ. High Court will certainly provide relief by issuing proper directions to authorities. Any other remedy is time consuming and expensive.
Dear Sir
All of you or few of you may approach High court and file a writ petition to trace out the builder and till then such recoveries may be stayed. Such instances are more and more and on sympathetical grounds the High court may pass favorable orders.
You can apply for OC from your side also by complying with the procedures meant for it even now.
The OC is generally obtained from the Bruhat Bangalore Mahanagara Palike (BBMP). It is processed once the Palike gets information from the owner or the buyer that the construction of the property is complete.
However, in case the builder has deviated a little than the allowed percentage, say about 5 per cent from the approved plan, then as per Basu, “The authorities may impose a penalty and regularise the building and issue the OC. The penalty is charged based on the extent of the deviation.
the builder, on completion of the building, needs to apply to the statutory authority (BBMP/ BDA) for OC. If the building has been built as per the sanctioned plan, and fulfils the other legal requirements, the authority is supposed to issue the OC within 30 days. It is illegal for the builder to hand over the flats to the buyers without receiving the OC. It is illegal for the flats to be occupied / rented without the OC.
It is true that OC is currently not mandatory for registration, but it is mandatory for possession.
No Occupancy Certificate means that the building has not been given a “Pass Certificate”. This means that it does not have all the mandatory infrastructure/ clearances that make the building inhabitable.
Without OC, the building is technically unfit for occupation and hence in the event that any accident takes place, the occupants / users of the building can hold no one liable and would not be eligible for any insurance or compensation claims. Water, sanitary and electricity connections, if already obtained, are liable to get disconnected. Presently, OC is not mandatory for registering the sale of flats in Bangalore. However, the khata for the flat will not be issued unless the building has the OC. The flat also cannot be sold without the OC.
There are hundreds of buildings without OC in Bangalore and some have been occupied for over 10 years. It seems, they are waiting for Akrama Sakrama.
You can apply for OC by yourself also.
You can also file a complaint against the builder before a consumer forum for deficiency in service and seek compensation.
