• Encroachment over common area

I have purchased a flat in B+G+3 apartment (total 72 BHK & 3 BHK flats) at South Bangalore. More than half of the flats have been occupied and out of that some of them have got the respective flats registered in their name whereas the rest have not yet registered their flats. Builder is not willing to obtain Occupancy Certificate as there are deviations to the extent of 13%. 
 Now problem is that 20-25 flat owners have encroached the sub-passages (encroached area vary between 3-4' X 4-20') and have fixed iron gates there. It's a clear case of encroachment. Can I file a complaint with BBMP, will I also receive a Notice for shifting without obtaining Occupancy Certificate?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. Yes, you can file complaint with the local Municipality.
2. If the Developer is also involved in this then you can file case in consumer forum as well.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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1) yes you can file complaint with local muncipal corporation 

2) for failure  on part of builder to obtain OC move consumer forum against the builder
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1. File a complaint to he commissioner of municipal corporation. 

2. If he does not take the suitable action then move to court to claim compensation.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1. Kindly check regarding whether super built up area and actual area and undivided share is matched perfectly ?

2. Once the building construction completed against the approved plan that OC will not be issued by the BBMP However, in case the deviations are up to five percent from the plan, then a fine will be charged based on the extent of deviation made. Once the fee is paid, the occupancy certificate will be issued.

3. You have liberty to file complaint before BBMP with respect to the same.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0

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