No need to bow down to pressure tactics
refuse to make additional payment
file complaint against builder before RERA and seek orders to direct builder to obtain OC
Hi I booked a flat in April 2015 and got possession in Jan 2019. The builder has not taken OC for the Tower. I have lived in the flat for the last three and a half years. We have decided to go for the Registration ourselves and the builder is asking for an additional amount. I requested he raise a signed and stamped demand letter but they are not doing it for the last 6 months. They seem to be more interested in table settlement. I don't have faith builder as he has duped other people as well. I have received credit notes and the amount under the penalty clause from the builder as well. The builder is threatening to raise an inflated figure if I don't pay them the amount. I have all the documents with me regarding the payment plan, credit notes, and final calculations via email as well as physical form. Please let me know what are my options.
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No need to bow down to pressure tactics
refuse to make additional payment
file complaint against builder before RERA and seek orders to direct builder to obtain OC
Without OC, the building is not habitable and handing over of possession of flat is also illegal and is also not safe. On which account builder is asking money? Builder and you are bound by agreement to sell or flat buyer agreement and the charges and dues as mentioned in said agreements are only payable by you and any amount neither can be demanded by builder nor the same is payable by you. Builder is legally bound to comply and to make sale deed registered. You can challenge the illegal demands of builder and can also recover the amount with interest and damages. You can file consumer complaint and if project is RERA compliant then you can also report the matter to RERA authority. You can force the builder to make sale deed and you can file suit for permanent and mandatory injunction seeking direction to builder to execute sale deed.
You may lodge a written complaint with your State RERA authority seeking appropriate redress. Also, you may agitate the issue before the consumer forum by engaging a competent lawyer.
Dear client,
In your situation, it's important to consult with a lawyer who specializes in real estate and property law to get accurate advice tailored to your specific circumstances. They can guide you through the legal process and provide you with the best course of action. However, here are some general steps you may consider taking:
Review your agreement: Carefully review the agreement you signed with the builder, including any amendments or addendums. Pay attention to the clauses related to possession, registration, and any penalties or additional charges mentioned.
Seek legal advice: Engage a lawyer who specializes in real estate law to evaluate your case and provide you with guidance. They can review your documents, correspondence, and payment records to understand your rights and obligations.
Communicate in writing: Maintain a record of all communication with the builder in writing, including emails and letters. Clearly express your concerns, requests for a signed and stamped demand letter, and any other relevant matters related to the registration process.
Send a legal notice: If the builder continues to delay or refuse to provide the necessary documents, your lawyer may advise you to send a legal notice demanding compliance. This formal notice can serve as a warning and may prompt the builder to take action.
Consumer forum or civil court: If the builder fails to comply with your requests or engage in fraudulent practices, you may consider filing a complaint with the appropriate consumer forum or civil court. Your lawyer can guide you through this process and help you gather the necessary evidence to support your case.
Remember, the specific legal options available to you can vary depending on the jurisdiction and the details of your agreement. It's crucial to consult with a lawyer who is familiar with the relevant laws and regulations in your area to ensure that you take the appropriate steps to protect your rights and interests.
You should not have occupied the building without the builder getting the OC.
In fact the competent authority have rights to demolish the structure if there is any deviation found beyond the permissible limit.
Well you issue a legal notice to the builder to execute the registered sale deed on the basis of the settlement of full sale consideration amount, failing which you may raise a complaint with the RERA or with the consumer redressal commission.
You may also file a suit against the builder seeking specific relief or executing registered sale deed.
As you have all the documents with you regarding the payment plan, credit notes, and final calculations, you should not come under pressure of the builder. Try to keep record of his threats and unreasonable demands and then consider to issue a legal notice as to why legal action is not initiated against him for his illegal and unjustified demands.
- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.
- Hence, you can lodge a compliant against the builder before the consumer forum , and you are not bound to pay any demanded amount till the time he not arranged the OC certificate.