• Occupation Certificate with PIL pending

Purchased a property in prime location in Jayanagar from a reputed builder and also got the property registered . Like us around 100 families out of 231 have started residing here .At the time of registration the builder showed us the form applied for OC. later on OC also came but its conditional .its states that a clean OC will be issued only after a pending PIL in the high court is cleared. Already  the builder has paid penalty for deviating from the original plan

Secondly the builder states "Warranty period will be from the date of occupancy".Can we demand that the time will start only when clean OC is issued?

How to pressurize this builder to give us clean OC and also rectify major defects occurred in complex due to poor quality materials used
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hello,
1) As the builder has not fulfilled his part of the contract he can not dictate terms to you.If there are illegalities about the construction  he is responsible to get them regularised and is liable to get you the 'clean OC'.

2) You can write to the builder to give you clean OC and also rectify major defects occurred in complex due to poor quality materials used. In case he is not taking appropriate steps and is adamant in his stand that  "Warranty period will be from the date of occupancy", issue him a legal notice regarding defects in the building and the illegalities.

3) There is no guarantee that the PIL will be decided in favour of the builder and therefore you need to initiate steps against the builder to protect your legal rights. 
S J Mathew
Advocate, Mumbai
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65 Consultations
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1) builder is bound to rectify defects in quality on account of poor quality of construction 

2) if builder fails to do so lodge complaint with consumer forum for deficiency in service 

3) forum will direct builder to rectify defects 

4) also seek compensation and litigation costs 

5) if builder has paid penalty and obtained conditional OC then you are safe 

6) disposal of PIL may not take more than a year and yiu would get a clean OC 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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1) builder will not extend the warranty period 

2) if you need extension obtain court orders from consumer forum 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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1. If the sale deed or sale agreement states "Warranty period will be from the date of occupancy", then you can not claim warranty period form the date of receiving clean OC,

2. You can approach the builder to consumer court claiming removal of defects in construction, damages for the delay in removing the defects  and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
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231 Consultations
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1. What has been mentioned as warranty clause in the sale deed or the agreement for sale shall have to be abided by,

2. You have already taken possession and the warranty clause does not make any mention about warranty after receiving clean OC. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Secondly the builder states "Warranty period will be from the date of occupancy".Can we demand that the time will start only when clean OC is issued?
If the builder is stating  that the warranty will start from date of occupancy, ask him to provide the proper occupancy certificate  from thee competent authority and reiterate this , he cannot  claim so, especially in the light of the defects in construction using substandard materials due to which even now the premises are unfit for occupancy.



How to pressurize this builder to give us clean OC and also rectify major defects occurred in complex due to poor quality materials used
The provisional OC by the competent authority especially after the builder having  paid the penalty for  deviations isa  strong  proof the premises is still unfit for occupancy.  For the defect rectification, if  the builder appears to be reluctant, he may be dragged into consumer forum seeking compensation and  remedies. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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 a clean OC will be issued only after a pending PIL in the high court is cleared. 

Disposal of PIL may  take more than a year and there are less chances you will get a clean OC shortly hence extension  of warranty period till getting the clean OC cannot be put on hold by the builder, however you may issue a legal notice to that effect.  
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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Unless an unconditional OC is given the building cannot be occupied. However, if you take the possession of the building then the warranty period will start from the date of possession regardless of whether the OC is unconditional or not. One cannot be allowed to sail in two boats at the same time. Possession should not be taken unless the unconditional OC has been obtained.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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