• Builder not handing over key

We purchased a ready to move in flat in Hyderabad from a Mumbai-based builder for which registration was completed in August second week. Rest of the payment related to other amenities was also completed in August. However builder is refusing to hand over the key and is not willing to give an exact day for it either citing flimsy reasons like resource crunch at accounts department, approval from Mumbai office etc. As a result we are shelling out EMI for the purchased apartment as well as rent for the present residence. How can we resolve this. Thank you
Asked 1 year ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) has Occupation certificate been issued by Muncipal corporation 

2) builder can hand over possession only after issue of OC 

3) if OC is issued issue legal notice to builder to handover possession of flat as full payment has been made by you 

4) you can move consumer forum against builder if he fails to hand over possession of the flat
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Hi, first you have to either write a letter/ email to the builder and request him to hand over the key and if he refused to hand over the key then you have to issue a legal notice against him and thereafter file a complaint in the consumer forum.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) sale deed can be executed by builder and registered by the builder without OC 

2) Occupation certificate is necessary to certify that building has been completed as per sanctioned plans 

3) builder has to obtain OC for entire building 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Hi, you can register the property without OC, but builder has to construct the apartment as per plan and if there is any deviation then the authority will not issue the OC.

2. Each apartment owner will not get OC only for whole Building you will get OC.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Don't waste time anymore. Immediately file a case before the consumer forum against the builder.
2. In the said case ask for delivery of possession, registration of deed of sale.
3. Ask for compensation and damages out of the delay and harassment.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
1. It can be resolved by making the builder realize that he is amenable to the law of the land. Issue a lawyer's notice immediately to the builder to seek delivery of possession.

2. If possession is not delivered even after the notice from your lawyer then file a lawsuit against him to seek judicial directions to him to deliver the possession and also claim compensation for the delay.

3. If OC has not been obtained then possession cannot be delivered. You should not have even booked the flat in the first place if OC was not issued. Every tenant does not require a separate OC.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Yes it is possible to complete the execution and registration of sale deed without getting occupation certificate.  No doubt on the basis of possession letter the occupant can occupy for the time being, but OC is the valid document given by the Municipal authorities certifying the flat is fit for occupying it. 
If the builder is still dodging to hand over the possession, you may issue a legal notice stating ghat  all your personal efforts to secure the property has failed to invoke any positive response hence instruct him to hand over possession within the time stipulated therein to handover the possession of the flat. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Hi sir/madam, you don't worry about the OC, it is the problem of builder not yours. You are entitled to get the Key of the said flat immediately. You have to give one representation to the said builder and to get the endorsement for the same, if the builder is not handing over the Key to you, thereafter you have to issued a legal notice to the said builder, even though he has not hand over the same, thereafter you have to file petition before jurisdictional District Consumer Forum to claim a Key and compensation for mental agony for the deficiency of service from the builder to you with in time.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. Has the builder received OC/CC for the said building? Find out from the local Municipal Authority,

2. How come resource crunch can hinder hand over of keys?

3. File a compliant case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate handing over of the keys along with compensation towards payment of rent from the date when your last payment was made, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12073 Answers
228 Consultations
5.0 on 5.0

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