• Society issue - completion certificate

hi
i have a flat in township of approximate 800 flats. my flat was in last phase of the township and  got possession on the same in 2012.
 New  flats including my flat got emerged with the existing  co-cooperative housing society.
We been chasing after society since one year  to help in getting completion certificate / Occpuation certifcate  from Builder.... managing committee of society is also chasing after the builder for the same .....but not able to get the same.
my question is 
1) can we all flat owners approach the PMC for the same. is that option be helpful in this case???
2) can we go straight to consumer forum to file case against the builder. 
 
Please share if you have good alternative for the same.
 
Regards
Amu
Asked 2 years ago in Property Law from Pune, Maharashtra
You can issue a legal notice to the builder for deficiency of services and to give you completion certificate at the earliest.if he doesn't give you approach consumer court for the same with damages. Get it checked in the PMC about the delay for getting completion certificate. Check whether it is approved by the same.you can apply to the office if builder doesn't gives you.you can approach by a writ petition to the high court seeking direction to issue completion certificate is the another alternative. rate me talk me in person will tell you in detail
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1)builder is bound to obtain occupation certificate / building completion certificate from PMC

2) if builder fails to do so it amount to deficiency in service . move consumer forum against the builder and seek compensation for delay in obtaining OC/BC and to direct builder to obtain OC 


3)consumer forum will direct builder to obtain OC within stipulated time period . 


4)you can also file RTi application with PMC as to why OC has not yet been granted
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Hi, First issue a legal notice ask him to get Completion Certificate and Occupancy Certificate and if he did not  do it then file a consumer complaint before the District Consumer Forum.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi, 
 send the mandatory legal notice demanding CC and OC and warn him of steps under consumer protection act.1986 and if not obliged file complaint in the district consumer forum for the relief. You can File RTI to know the status of  CC and OC.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
@ Ajay Sethi sir, 
Going to consumer and filing RTI and getting the result may take long time. But what is the immediate relief available to the flat owners.  If the flat owner wants to sell the flat to some third party occupancy certificate is compulsory.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Serve a legal notice to the builder demanding CC and OC and if there is luke warm response complain to the District Consumer Forum for appropriate relief.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Dear Client,In that case you should serve a copy of Legal Notice to builder therafter file a case in front of Consumer Court for defficiency in service if need more clarification then contact us i will draft your Notice.
Advocate Anurag Bhatt
Allahabad High Court
lawyeranuragbhatt@yahoo.com
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
A. Issue the formal legal notice to the Builder from your society side regarding to know the reason for failing to provide CC and OC and also get the information from the PMC under RTI with respect to the same.

B. Generally, when the Builder violated the approved plan's terms and conditions and constructed the building by deviation of the plan of the building that the concerned authority will not to permit to issue the OC.

C.  You can approach consumer forum against builder under deficiency in service.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1) flat owner can ask for refund of his money with interest . also demand compensation from the builder . 

2) In Mumbai consumer forum cases take 2 years . 

3) judicial process takes time there are no short cuts . 

4) for registration of sale deed Sub Registrar insists on OC or Building completion certificate 

5) you can sell the flat but you wont get market price for the flat . 

6) best option is for the society to tighten screws on the builder  by moving consumer forum for necessary reliefs
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Hi,
 you can claim compensation in the consumer forum.society has to take this matter ahead to catch the builder. During the  time of sale these documents are not asked by the registrar, but every purchaser asked for to make sure that building is legal    one as the banks insist on these documents to sanction the loan.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
You can issue a legal notice and approach consumer court with damages fir deficiency of services. Here cases gets disposed very fast.fine and penalties must be paid by the owner itself.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
file a consumer complaint before the District Consumer Forum.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
A. Flat owners or claiming through Association should file an application before consumer forum under deficiency in service.

B. Adjudication of the cases in court or consumer forum depends upon the quantum of cases pending before the courts . Hence it will take minimum 1 to 2 years.

C. You can sell your flat without OC and CC but you will not get any marketable price.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. The builder will not issue completion certificate but the local municipality will issue the same to the builder,

2. Since it has not been issued, it is likely that there might be some violation in building plan sanctioned by the Municipality,

3. In the above case, thye builder has to clear the hurdle by paying the penalty or in any other way,

4. Send him a legal notice to btain CC within one month and in case he fails to do that,

5. File a complaint case before the local District consumer Diuspute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate arrangement of thye CC and registration of the flat or pay an amount equal to he present price of similar type of flat in similar locality with damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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