• Late possession of flat

I have purchased a flat from Kalpataru. Registration was done in Mid of 2009. For last 3 years I am following up with builder for my flat. Builder has started providing possession but building is without any Occupational Certification or Municipal water. Every time builder says OC will be obtained in 2-3 months & it's not in their hands. What option do I have to take legal course of action?

I cannot move in as I have kids 4-11 yrs old & Municipal water is a must. Builder is providing Tanker water which is not good for health.

I did not buy this flat for builder unable to provide basic amenities.
Asked 3 years ago in Property Law from Thane, Maharashtra
you can move consumer forum against the builder for deficiency in service . in your agreement with builder it must have mentioned possession would be provided within a particular period . if builder has failed to obtain Occupation certificate flat owners cannot take possession of flat . in consumer forum you can pray that direction be given to builder to obtain  OC within a particular period  , to pay compensation to flat owners for delay in giving possession and other reliefs
Ajay Sethi
Advocate, Mumbai
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You go as per agreement with builder and if any deficiency on his part you can go to consumer forum in ref. of particular clauses of the agreement.

Anil Gupta
Delhi
Anil Gupta
Advocate, New Delhi
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41 Consultations
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