You can issue a legal notice to the builder demanding production of OC within a stipulated time, failing which you can file a complaint against the builder for deficiency in service as well as unfair trade practice and also can demand refund of your consideration amount by cancelling the sale deed.

You can simultaneously file a complaint before RERA against the builder for this defect and seek appropriate relief and remedy as per law.

If the sale deed is not registered yet then you may better think of cancelling the purchase itself.

You should immediately send a legal notice demanding  the Occupancy Certificate (OC) within a specified timeframe (e.g., 30 days).

2) file a case with RERA.for deficiency in service, misrepresentation, and failure to deliver a legal product.you can claim compensation for losses. If the builder assured you in writing, such as an email or agreement) that the construction was as per approved plans, their 35% deviation constitutes fraud and fraudulent misrepresentation

3) You can claim:Refund of the total amount paid.Interest on the amount paid from the date of payment.Compensation for mental harassment and legal costs. 

4)  Do not make further payments if the project is not legally sound,

5) 35% is a significant deviation. It is unlikely to be regularized by BDA under standard norm

1) : RERA defines a "real estate project" to include the development of land into plots or buildings for sale. If the builder sold you a plot and is constructing a villa on it as part of an organized layout, both are part of the project registered or required to be registered under RERA.

2)  Builders cannot make major deviations from approved sanctioned plans without the written consent of at least two-thirds of the allottees. Doing so without your knowledge is a direct violation of Section 14 of the RERA Act.

3)  : Without an OC, municipal authorities generally do not grant permanent electricity or water connections.

4) : Living in a building without an OC is technically illegal and can lead to penalties or even demolition orders if deviations are substantial.

5) If the "pending money" cheque has not been cleared, consider issuing a "Stop Payment" instruction to your bank immediately while you issue a legal notice.

6)  File a complaint under Section 31 of the RERA Act for unauthorized plan changes and failure to provide an OC. RERA can penalize the builder up to 10% of the project cost or order a full refund with interest if you choose to withdraw.

Unauthorized deviation and failure to obtain OC amount to a strong case of deficiency and misrepresentation; you can seek direction to rectify/regularise the construction if legally possible, or claim refund/compensation for the loss caused. RERA covers plotted projects and also treats the land developer/seller and the person constructing for sale as “promoters”, so separate land and construction agreements do not automatically protect the builder.

You should not keep silent. File a complaint before Karnataka RERA and/or the Consumer Commission, and ask for sanctioned-plan copies, OC-related compliance, compensation, and restraint against further coercive demands; Karnataka RERA provides an online complaint route.

Do not stop the cheque casually. First send an immediate legal notice recording the builder’s breach and dispute on the pending amount, because even “stop payment” can still lead to cheque-bounce proceedings if the builder alleges a legally enforceable liability.

Next step you may consider

Please have a Bangalore property lawyer urgently review both agreements, issue a notice, and decide the safest step on the cheque before presentation, then file the proper RERA/consumer case.

. In Karnataka, if a project involves more than 8 units or exceeds 500 sq. meters, it must be registered with RERA, regardless of how the contracts are split. 

2)  Plotted developments where the promoter develops land into a project for selling plots (with or without construction) are explicitly covered.

3)Builders often use separate land and construction agreements to try and bypass RERA oversight. However, RERA Section 3 prohibits advertising or selling any "plot, apartment, or building" in an unregistered project. If they are building villas as part of a collective project, the entire development falls under RERA.

file complaint against builder before RERA 

In this case you can opt for consumer court as that will cover all your issues. Rera is very rigid and only grants relief if it comes under its provisions and not otherwise. Consumer court on other hand is liberal and pro consumer 

The builder is relying on a technicality under the Real Estate (Regulation and Development) Act, 2016 i.e., pure plotted development (sale of land only) that RERA applies only to layout, but construction sold as part of a package / induced by builder hence RERA can still apply.

In your case there were two agreements, i.e., land and construction and the same builder promoted the construction, and you were assured with OC after construction, therefore failure to provide OC can be addressed by RERA including the consumer commission.  You may be aware that the builder  cannot do deviations without your consent, and that  itself is deficiency and  unfair practice.

You can prove before the consumer commission that the builder gave false assurance about OC, he has done unauthorized deviation (~35%) which resulted into denial of OC by authorities concerned, due to which no permanent power supply and loss of utility etc., The court will consider this as a serious issue. 

You can seek refund of construction cost or direction to rectify and obtain OC, direct him to pay compensation (mental agony + financial loss) and interest towards the loss. 

The builder may come out with lot of lame excuses or even false shields this way, you do not have to rely upon them, you can proceed with the suggested legal action. 

If the builder induced the buyer with plot and villa as well as had entered with the construction agreement also along with the land agreement, he cannot escape or avoid the liability, his version or justification will not be entertained by court neither it is tenable in law. 

You can very well approach RERA for relief and remedy.  You may note that the artificial splitting of agreements i.e., land and construction  cannot defeat RERA if it is actually a single scheme, therefore RERA has very well jurisdiction to entertain the complaint in this regard

You do not have to depend on RERA alone, you can simultaneously approach the consumer commission too with a complaint as suggested .

Occupying and living in the villa  does not weaken your legal case. In fact, courts recognize this exact situation very often.

Under the Consumer Protection Act, 2019, you can stay in the property and  still claim compensation / refund / rectification, especially when you  had no alternative accommodation and that the builder failed to deliver a legally compliant unit (no OC).

You can argue that the possession was taken under compulsion / necessity, however no  OC was provided, due to incomplete construction hence it is an illegal delivery and that the deviations were never disclosed. 

Your case reflects a clear case of unilateral deviation, misrepresentation, and potential regulatory violation by the builder. You should act promptly by documenting your objections, halting further payments through proper legal communication, and initiating appropriate legal proceedings to protect your investment and enforce your rights.

1. Send a legal Notice for Immediate compliance OR Compensation/refund
2. Approach RERA for Compensation for delay and misrepresentation and Direction for OC compliance Or Refund
3. Stop payment instruction to bank
4. Take Criminal Action, if builder knowingly misrepresented, Cheating (IPC Sec. 420) and Criminal breach of trust. This is stronger pressure but used strategically.

You can claim for Loss of property value (due to no OC),Delay in possession/use, EMI + rent burden (if applicable),Mental harassment, Legal expenses

At the outset, even if the builder has executed separate agreements for land and construction, courts and authorities consistently look at the substance of the transaction and not merely its form. If the project was marketed and sold as a composite villa development, the builder cannot escape liability by artificially splitting land and construction. Such structuring is often viewed as an attempt to bypass regulatory obligations.

Firstly, the deviation of around 35% from the sanctioned plan is a clear illegality. This directly affects issuance of Occupancy Certificate and basic civic amenities such as permanent electricity. The builder has breached his duty by assuring compliance and then carrying out unauthorized construction. This amounts to misrepresentation, unfair trade practice, and deficiency of service under the Consumer Protection Act, 2019.

Secondly, even on the issue of RERA applicability, the builder’s stand is legally weak. Under the Real Estate (Regulation and Development) Act, 2016, if the project involves development of multiple units (like 100 villas), it is treated as a real estate project, and the promoter cannot avoid compliance merely by executing separate agreements. Several authorities have held that such arrangements are camouflage to evade RERA. Therefore, you can still approach RERA against the builder.

Thirdly, you clearly have a right to claim compensation. The builder has:

misrepresented approvals and OC,

constructed illegally without your consent, and

placed you in a position where the property is legally defective.

You can claim compensation for financial loss, mental harassment, and even cost of rectification or regularisation, if possible.

Fourthly, regarding Occupancy Certificate and regularisation, in Bengaluru (BDA jurisdiction), such large deviations (35%) are generally not regularisable easily. At best, the builder may attempt compounding/regularisation under applicable schemes, but there is no guarantee. The liability to cure this defect lies entirely on the builder, not on you.

Fifthly, regarding the cheque already issued, you should immediately take steps to stop payment if it has not yet been encashed, and formally communicate to the builder that payment is being withheld due to breach and illegality. Continuing payment may weaken your bargaining position.

As regards the best legal course, you should proceed strategically. You may issue a detailed legal notice to the builder demanding rectification, OC, and compensation. Simultaneously, you can initiate proceedings before:

RERA (for project-level violations and directions), and

Consumer Commission (for compensation and deficiency of service).

Both remedies can be pursued based on strategy, though typically one forum is chosen to avoid overlap.

Since you are already in possession, your case becomes one of defective title and illegal construction, not just delay, which strengthens your claim.

In conclusion, the builder’s defence regarding “plotted development” and separate agreements is unlikely to hold. You have strong grounds to proceed legally, stop further payments, and seek compensation and corrective action. Immediate legal action is advisable to prevent further prejudice.