Builder force possession without providing basic amenities
I've bought flat in Residential society in Noida in 2011. It's more than 3000 flat society and builder are giving possession to only phase 1 people . Builder gave me possession in 2014 . After 9 months I don't have basic amenities in society ( fire fighting, basement , lift ,open area etc.) . he is also building up new tower and school , which is not mentioned in plan ( it was future expansion area ). He has also bought new FAR from Noida authority without consent of buyer . As per UP apartment law it's illegal . Now he has file for completion certificate in authority . If he get completion certificate than he will not do anything that's we all residents know . Please suggest how we can revoke this completion certificate . If we register one complaint in authority against this society , it's legal or not . Please suggest what we will do so builder can do all work .
Asked 1 year ago in Property Law from Greater Noida, Uttar Pradesh
1) complain to noida authority against the builder for failure to provide basic amenities in the project .
2) if no action is taken file complaint before consumer forum against builder for deficiency in service
3)seek compensation from builder for failure to provide basic amenities and order that builder be directed to provide these amenities within specific period
The OC cannot be given without inspection by the authorities, if you apprehend such an event, you may gather all those affected, draft a common or individual complaint against the builder mentioning the atrocious attitude by the builder and his corrupt practices towards getting approval for his illegal construction which are neither approved by authorities nor he has conformed to the approved plans.
You can also approach civil court and get an injunction on the same lines explained above.
1. Under the circumstances the CC shouldn't be issued by the municipality.
2. However in the event it is issued you can challenge the same under writ jurisdiction of the high court.
3. For the deficiency in basic amenities you can file case for completion of the same along with compensation and damages in consumer forum.
1. You can file your objection to the grant of completion certificate to the builder as he has violated the condition precedent to the grant of completion certificate.
2. The builder is bound to provide all the amenities which he has promised in the agreement. You can sue him for breach of contract if he has not fulfilled his promises.