• Occupancy certificate

Respected sir, 
I bought a house in 2019. I asked the builder to give occupancy certificate. he told that it is in process and will give it within 6 months. after that covid came. he keeps on saying that due to covid delay was there. Three years passed. he keeps on saying, i will give it in few months. he kept one flat for himself and he was enjoying the rent. 

due to lack of OC, we are being charged a penalty by the local minucipal corporation. 

We informed the situation to local municipal corporation. they sent a notice to the builder. but, there is no further action.

shall we go to consumer court after 3 years of flat purchase?

what are the consequences i have to face, if i dont have an Occupancy certificate?
Asked 2 years ago in Property Law
Religion: Hindu

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5 Answers

1. If there's deviation from the sanctioned plan, occupancy certificate will not be given.  However if the deviation is little like upto 10%, the Corporation/Municipality may levy certain percentage of penalty and issue occupancy certificate.  

2.   Perhaps there's deviation from the sanctioned plan and hence the builder couldn't get oc for your building.

3.    You can go to consumer court even after 3 years.

4.     Consequences of not obtaining OC is, the flat/house/building is not suitable for human occupation, if the building crumbles/crashes resulting in injury or death to the occupants, the Government/ Corporation would not take the responsibility and no compensation would be awarded.

 

 

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

File complaint against builder before   consumer forum and seek roofers to direct builder to obtain OC within stipulated period 

 

2) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You issue a legal notice to the builder demanding the OC and then file a complaint with the consumer forum for compensation for deficiency in service.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,  

In this situation, it may be advisable to file a complaint in the consumer court against the builder for not providing the occupancy certificate as promised. The consumer court can direct the builder to provide the occupancy certificate and can also award compensation for any losses or damages suffered by the buyer as a result of the delay.

Not having an occupancy certificate can have several consequences. It is a legal requirement to obtain an occupancy certificate before occupying a building, and failure to do so can result in penalties from the local municipal corporation. It can also affect the buyer's ability to sell or lease the property in the future. Additionally, if the property does not comply with the local building codes, it can pose a safety hazard to the occupants.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Lodge a written complaint with the State RERA authority against the builder seeking appropriate redress. Engage a competent lawyer and issue a notice to the builder demanding occupancy certificate to be produced immediately, and on default file a suit for specific performance in consultation with your lawyer. Agitate the issue before the Consumer Forum too.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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