• Possession certificate

Dear sir, 
My agreement with builder to complete flat construction was by march 2015 with a grace period of 3 months by June 2015.But he completed flat work only on Sep 1st.He is supposed to give Rs.7/sq.ft as compensation for delayed months in handing over.
Now he is saying he won't give compensation.
Also he is giving possession certificate dated June 15 as if he had completed everything in June.
But lift was certified by company only on August 14th.also we don't have generator back up and permanent electricity connection  till now.
How he is expecting me to occupy by June without lift and generator back up.?

Also I paid whole amount in February itself.so should I ask him to pay interest for all amount paid,for two months delay? 

What all certificate s he need to give me for transferring khatha in my name?

Till date minor works are pending.
Asked 1 year ago in Property Law from bangalore, Karnataka
Religion: Hindu
1) you should ask builder to pay compensation for delay in handing over possession as per your agreement . 

2) in said letter mention that till date no electricity connection and generator back up has been provided . 

3) ask builder to obtain Occupation certificate from municipal corporation . 

4) issue of OC would imply that work has been completed as per sanctioned plans 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1. File a complaint case before the local Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming compensation at the agreed rate for the delay in giving possession, damage and cost,

2. You should ask for interest for the delayed period only.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Hi, as per the agreement he has to complete the construction of the building with in June and he has not completed the project so there is a deficiency of service on the part of the builder so you have to approach consumer court against the builder for deficiency of services.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi
You should send notice to the builder demanding the competition of the amenities promised and also ask for compensation for delay.
Did the agreement says about he compensation if  delayed what is this Rs. 7/sq.ft as compensation for delayed months in handing over. You can also for the interest or the amount
for the flat separately there is no katha, it is of the land beneath the building , you can ask the builder to transfer it in the name of the association of the members / Apartment owners association.
The builder has to register it as a society and hand over the possession if he is not doing the members or owners of all flats can form it and register it under Karnataka Apartment Ownership Act1972,  or Karnataka ownership Flat act.
You should also demand for the minor work which are pending.
If the demands are not met approach the consumer forum and seek compensation against the builder for all the mentioned relief and mental agony
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
You need to have registered sale deed  in your name as well as supporting documents along with the copy of the old khatha for getting a khatha on your name
If the agreement terms and condition by a clause states that the builder is liable to provide the penalty as mentioned by you, it will be on your part to send him a notice demanding the said amount either by yourself or through your lawyer. 
If he fails to comply with the demand made you can approach the jurisdictional consumer forum for deficiency of service and breach of contract. 
Possession certificate is different from occupation certificate. The OC will be given by the Corporation authorities or the competent authority for this purpose after satisfying the conditions of constructions and safe to live by the occupants.  You should insist on the builder to obtain OC too. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. You can file a lawsuit against him to recover the compensation which he is bound to pay as per the agreement. In addition to this, the cost incurred on the legal proceedings can also be recovered.

2. Do not accept the possession certificate issued retrospectively as this will nail your claim in the court.

3. The possession cannot be delivered unless Occupancy Certificate has been obtained.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
A. Possession Certificate is entirely different from the Occupancy Certificate. Hence, you must have OC before the occupying the flat.

B. You can issue a legal notice to the builder for delivery of possession in time and claim compensation for the breach of the terms and condition of the agreement.

C. Delay for delivery of flats would be liable to pay damages and it can be claim by appraoching Consumer Forum under the defieciency in the service.

D. Transferring Khatha in your name is not duty of the builder unless mentioned in the terms of the agreement.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Hi sir/madam, you have to form association and take membership, these numbers enough. Thereafter you have to give legal notice for the same, if the builder is failed to so so, you have to file Petition u/s 12 of Consumer Protect Act before the jurisdictional District Consumer Forum.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1) builder has to provide lft facilities , electricity connection and obtain occupation certificate that building has been completed as per sanctioned plans 

2) only then can builder deliver possession of flats to the purchasers . flat owners cannot move into flat without basic facilities being provided for by the builder 

3) it is better cooperative society be formed of all flat owners . your agreement with builder must be containing a clause  regarding formation of society or condominium   of all flat owners . it is builder responsibility to do the same 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Possession certificate issued is valid , however you should insist on occupancy certificate which is allotted after the competition of works an d all amenities as per the required parameter by the Municipality/corporation. 
 So you can move complaint before the Municipal authorities regarding not provided the electricity andd other amenities permanent basis  
Yes you can form an association with all available owners as minimum seven members have to be there 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Until there are sufficient  members required by law, a society or an association of flat owners cannot be formed,  hence the builder is responsible for maintenance until then. The  minimum members are to wait for  other members to get in
If the khatha is awaited for the  akrama and sakrama to become law, then you may have to wait too long because the government announced the scheme long back but have not taken any step to enforce it  though there was an incidence earlier wherein it was not successful.  The assurance given by the builder in a non judicial stamp paper even  duly notarised will not have any legal value when it is required to be enforced by law. You should have taken legal opinion before purchasing the flat constructed on revenue sites without proper khatha  or with 100% or full deviation, because the  builder will thousands before purchasing just to fleece the buyers, but it becomes the duty of the  buyer to verify and confirm before entering into the venture.
Taking the possession certificate alone will not solve the problems including the issues of amenities like lift, generator or electricity etc.  However, better get the possession and the property duly registered and then you may go for legal battles on all the incomplete issue by drawing the builder to consumer forum for all the deficiencies and if possible to the civil court to for recovery aspects also. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. Possession without permanent electricity and/or lift is not valid,

2. In the above case, it is not considered as having given the possession,

3. It appears that the building has problem in getting O.C.,

4. Ask for O.C.now and not the declaration,

5. Minimum  8 members are required to form an association.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Absence of electricity connection and generator back up does not undermine the legal character of possession certificate.

2. The declaration of the builder has no legal force as a charter of rights.

3. The consent of the majority and not all flat owners is required for association formation.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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