• Builder sent allotment cancellation when asked for OC and CC

Builder is forcing me to take possession since April 2021 when property was under construction. I kept demanding OC and CC to disburse loan amount but they did not reply on it. Now finally when asked for OC to make immediate payment they are putting unethical penalty and sent an allotment cancellation letter. Please help
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Please file a case before RERA immediately for ill action of the builder. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Send him a legal notice and file a consumer complaint against builder

Prashant Nayak
Advocate, Mumbai
34656 Answers
249 Consultations

 Possession and registration without OC and CC is fraught with risk of eviction my Municipal Authority. You can approach RERA Authority against the builder. Builder is liable to penalty at the rate of  5 per cent per day for failure to comply with terms of  agreement.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

File complaint against builder before RERA to set aside cancellation letter and penalty imposed upon you . take the plea that builder forcing you to take possession although no OC is received 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

Engage a lawyer 

 

file complaint against builder before RERA or consumer forum and seek orders as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

You will have to share the name of the builder and details of the project involved. 

RERA case can be filed through an advocate. 

You may get in touch if you need further advise. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Do as above

Prashant Nayak
Advocate, Mumbai
34656 Answers
249 Consultations

According to the RERA laws, the builders have to mandatorily require the OC before they let the home buyer have the possession of the unit. Offering the possession without OC is a breach of the law and punishable.

You may ask them to send you the notice demanding the penalty showing reasons for charging the penalty without handing over possession  or cancellation of allotment letter.

If they still maintain the same hostile attitude and are reluctant to give any response to your communication, you may drag them to RERA or consumer forum to get your grievances redressed. 

T Kalaiselvan
Advocate, Vellore
90170 Answers
2505 Consultations

Conclusion: As per Section 11 (4) (B) of Rera Act, a developer has to obtain a completion/occupancy certificate from the local authority. If the builder is not giving you the OC then Any aggrieved person may file a complaint with the Authority or the adjudicating officer, of RERA Redressal.

The executive wh is threatening to cancel the allotment and intimates that he would sell the property to any other person at higher rate, can be taken into task by issuing a legal notice to the builder directly, mentioning the atrocious behavior of the said executive (you may mention his name in the notice) and warn the builder that he will be dragged to consumer court for deficiency in service as well as for unfair trade practice and a heavy compensation would be demanded for both the loss in the value of ,money as well as for the mental agony that was created by them.

In the absence of a valid OC, your building can be demolished as it can be classified as an unauthorised structure. The OC is crucial while applying for a home loan or loan to purchase a resale flat. If you wish to sell or hypothetical the property after a lapse of time, you will not be able to do so without a valid OC.

Any building that has not received the OC from the authorities is considered under-construction projects.

T Kalaiselvan
Advocate, Vellore
90170 Answers
2505 Consultations

Dear Client,

                  Builder is absolutely liable to provide OC and CC, to effect a legally valid and complete sale.Any homebuyer can file RERA complaints online on the website by filling up a form and paying the registration fees.To file a complaint with the Authority, the complainant needs to visit the State’s official website. On the portal, search for the page of Complaint Registration.You will be taken to the complaint form where you are required to fill the details of the complaint.While filing the complaint, homebuyers would be asked to submit their personal details including Name, Address, Contact details and Project details. Complainants can also attach supporting documents.Once the form is fully filled, the complainant would need to pay a sum of Rs 1,000 for filing the complaint or Rs 5,000 in the case of filing complaints before Adjudicating Officer. Online payment mode is also available for completing the transaction.

Thanks & Regards

 

Anik Miu
Advocate, Bangalore
11054 Answers
125 Consultations

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