Unless CC is received bank cannot sanction any loan and builder cannot seek any penalty for non payment as very CC is received. 18 floor and 28 is big gap and difficult to regularize element of risk is very high in the deal.
I have invested in a flat on 27th floor of a project. Builder has received IOD for all 28 floors but CC only till 18th floor. He asked me to register the agreement for my flat despite not having CC for my floor. He has constructed till 18th floor and demanding payment till 18th floor as he has finished construction till 18th. However, bank is not disbursing loan since CC for my floor is not received. Builder is adding penalty due to non payment. Can he enforce payment despite not having CC. Agreement mentions construction linked payment schedule but no mention of CC requirement. Can I take the case to RERA court?
Unless CC is received bank cannot sanction any loan and builder cannot seek any penalty for non payment as very CC is received. 18 floor and 28 is big gap and difficult to regularize element of risk is very high in the deal.
Builder cannot enforce penalty fir non payment
2) bank is correct in its approach
3) you can file complaint against builder before RERA seek orders to direct builder to obtain CC and not impose any penalty
You can refuse to pay the next installment amount to the builder based on the bank's refusal to disburse the loan amount for the said reason, and you can demand the builder to provide the CC or plan approval for the floor you intend to purchase.
If the builder is refusing to provide the details sought, you can always have a choice to cancel the booking and demand refund of booking amount with interest from the date of booking.
You can approach RERA if the builder is refusing to oblige.
The builder's demand is unfair. You may very well lodge a written complaint with the State RERA authority with all relevant documentary evidence. Besides, you may approach the consumer forum too.
-- As per law, Completion certificate is a legal document, that certifies the fact that a building has been constructed in line with construction norms, and it is mandatory to have water and electricity connection in the building.
- Further, for a newly-constructed building, a completion certificate is a necessary document required to ensure the supply of basic amenities like electricity, water, and drainage system.
- Further a completion certificate ensures that the builder has constructed the building according to the approved layout plan and no violations are made, and further if the builder fails to obtain a completion certificate, the possession of the house by the owner will not be possible.
- Further, Possession of the apartment is considered illegal, if the project has not received a completion certificate from the authority.
- Since the builder has received the CC till 18th floor , then he cannot ask for any amount from you further without receiving the same till 27th floor.
- Further, you can also cancel the booking and claim entire amount with 10% interest from the date of depositing the amount , as this is the fault of builder.
- Yes, you can approach the RERA or Consumer forum against the builder.
Here, CC refers to commencement certificate and not completion certificate.
Commence certificate is an important document which will contain the details of the plan approval of the plan for construction including the details of ownership, and all other approvals by various departments.
The builder should not begin construction without obtaining CC.
You can make a complaint against the builder with RERA.
- A commencement certificate is a document from the local municipal authority that permits the developer to begin construction of the project.
- The commencement certificate is usually granted, only after the developer has met the legal requirements and obtained the relevant sanctions for the building’s plan.
- Further, in the absence of this certificate the property would be declared as illegal.
- Since, the said builder has not got the CC for the extra floors , then you should not purchase the same and take legal action against him as mentioned earlier.