• Not given occupancy certificate & completion

Got furniture possession letter afterbooking the flat 3years back. Basis that 50% people have occupied their flats. There are 5 buildings & he plans to construct some more buildings in the adjoining plot he has. Most amenities are ready but not opened for use.
When we booked the property we were under team panchayat. Now Bavdhan village has been included under Pune municipal corporation. The process for same has begun.
Why has the builder not given occupancy certificate? What could be his interest in not giving? Is there anyway we can get the Occupancy certificate as the first step?
This property is in Pune Maharashtra
Asked 2 years ago in Property Law from Pune, Maharashtra
//Why has the builder not given occupancy certificate? What could be his interest in not giving? Is there anyway we can get the Occupancy certificate as the first step?//

There must be some date by which the builder is obliged to give you occupancy certificate. If that date is there, talk about this to your builder. If it is being delayed deliberately without any reason, you send him legal notice. About his interest delaying the occupancy certificate, he may be looking for an opportunity to get additional money in one or other form.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
1) unless Occupancy certificate is given by Muncipal corporation you cannot occupy the flats . it is certificate that building has been completed as per sanctioned plans 

2) you can file RT application with PMC as to why OC has not been issued for the project . 
3) you can after issue of legal notice move consumer forum against builder to direct him to obtain OC and  for compensation for mental torture you have undergone
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Campacola way? That was an issue of illegal construction. If your flats are illegal, even if you get occupancy certificate, it won't help.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
1) what was the result of complaint filed before consumer forum ? 

2) in many cases consumer forum has directed builders to  obtain OC within specified period . in the event of failure to do so penalty is imposed .

3) if district consumer forum had given adverse order appeal could have been filed before state Commission by flat owners . 

4) i have already advised you to file RTI application as to why OC has not been issued by PMC . 

5) yes you can apply to PMC for issue of individual OC . Since the last few years, the civic body has started issuing individual OCs where developers/ builders had not shouldered the responsibility of seeking the certificate. In 2013-14, about 456 individual flat owners have received such OCs," said municipal commissioner Mahesh Pathak while presenting his draft civic budget for 2014-15.
 
6) "In 2014-15, the PMC aims to issue individual OCs and cover at least 50% of flat owners occupying properties without the certificate," said Pathak.
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Unless you don't get occupancy certificate and completion certificate you won't get number and cannot be occupied as per the municipality rules. You try to get it from or go to the office and find the reason for delay and act accordingly.you can issue a legal notice to the builder for issuing the same.then file a complaint in the consumer court for deficiency of service and prefer a writ to the high court or by a PIL to the high court for the same. You can occupy but you won't get legal sanctity
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi,
 First you check it with the municipality why was the occupancy certificate not issued. If the builder has met all conditions and criteria the corporation will issue the OC to the individuals. You can try applying for an individual O.C. Usually societies  after waiting many years for the mercy of the builders approach the municipality and get the O C.

In this case  most likely  the builder may have failed in procuring the same due to any of the conditions/criteria not followed .If so the existence  of the building  is illegal. To know about the status you need to proceed legally, send notice to the builder and approach the appropriate courts / forum.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
If the builder has failed to provide OC it is but obvious that he has not obtained it and has used money or influence to get away from this important compliance.A large number of builders have hither to  have done the same to a lot of flat buyers. To start off you need to obtain information as to why he has not obtained OC from the municipality/corporation.
As he is liable to provide you with OC do send him a legal notice and demand for OC.

If he fails to comply you can certainly approach the consumer forum for deficiency in service and claim damages too.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
A. Issue the formal legal notice to the Builder 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.

D.  OC means:  A newly constructed home or building is in livable condition as per the local municipality by laws . in your case, if your flat is not in livable condition and violated the municipal laws that you cannot get OC. Hence, your claim damages from the builder before the court.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
Without Occupancy certificate  you cannot occupy the flats . it is certificate that building has been completed as per sanctioned plans
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
I do not see any rationale in parallel being drawn between campa cola case and your building. In campa cola case the buildings were constructed illegally. Illegal construction cannot be cured by subsequently obtaining occupancy certificate. So campa cola case has no parallel with your case. 

Without occupancy certificate being issued you cannot get the possession of the building. Occupancy certificate is to be obtained as a whole for which the builder has to apply to the concerned authorities. The builder might be attempting to load profit in the "other expenses" to be incurred in obtaining OC.

The aggrieved consumers can collectively issue a lawyer's notice to the builder demanding the OC. If he fails to fulfill this obligation then he can be dragged to court. Alternatively you may apply to Municipal Corporation for issuing of individual occupancy certificate. However, you should bear in mind that occupancy certificate does not cure the illegal occupation.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. Campacola case is not exactly the sae,

2. The OC has to be issued by the Municipality & if it has not yet been issued, it might be thgat the builder has violated the sanctioned plan,

3. Findout from the municipality the reason for not issuing the OC,

4. What is the result of Consumer Forum case? What is the order? 

5. Seeking legal remedy is the only option left before you,

6. the builder has to compensate you with the amount required to purchase similar flat at similar locality with damage and cost, in case he can not give OC and register the flats in your names.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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