1) you can move consumer forum against the builder for deficiency in service and seek orders to direct him to obtain Occupation certificate

2)anyone who unlawfully constructs or reconstructs any building or part of a building will be liable to pay a fine every year as a penalty, twice the amount of property tax leviable on such a building". The fine will be charged without prejudice to any proceeding initiated against such unlawful construction.

3) The levy of the penalty shall not be construed as regularization of the illegal construction or reconstruction but will continue to be collected till the process of regularization is on or till such time that it is demolished,

4) flat-buyers and owners will have to bear the brunt of a builder's illegal construction as it is the flat owner who pays the property tax. most builders, before giving physical possession of the flats, normally insert a clause in the sale agreement that the purchaser shall be liable for payment of municipal taxes from the date of the possession

A. Is there any resolution passed by the Association by obtaining majority vote to redevelop the building?

B. If yes, Is there approved plan for the additional floors?

C. Unless obtained the approved plan and follow the instruction of the local authority that construction would be treated illegal, deviated constructed building and non approval, no NOC from the competent authority would liable to demolish the construction and reject the OC for the particular flat.

D. Unless obtained OC the respective flat members should not occupy the same and the builder has no authority to receive tax from the flat members for their respective flat. However, if you already occupied the premises that you are liable to bear tax, electricity charges for your respective flat.

F. All the non OC flat buyers have right to demand for OC from the builder and you can approach the Consumer Forum with respect to the same after issued a legal notice to the builder under the deficiency in the Service.

1) Are the residents in flats which have not got OC liable to pay the property tax to builder?

You may refer to the conditions of the sale agreement in this regard. You may insist the builder to provide the OC to enable you to pay the property tax failing which you may go against him through a consumer forum.

2) Can we compel the builder to issue OC to the non-OC flats? Is there any legal recourse?

Yes, issue lawyer's notice demanding OC, failing which you may resort to legal action as advised above.

3) Is property tax by MCGM/BMC double for under-construction property vis-à-vis completed building?

It may include the penalty clause and not what you understood.