No OC, Builder Charging Maintenance with Interest
The property is in Wavanje, Taloja and is a grampanchayat. The land papers and all are clear but currently its been 6+ years but the builder still hasn't given OC. The work was stopped for several years and currently he is doing basic pending work.
1. I have given six months maintenance charges in advance, but now suddenly he has been sending letter on a daily basis with a penalty of 21% for all the years from 2014 till now. Which I have said I won't pay because still you haven't installed lift, no garbage collection, no watchman and on what basis are you demanding it. Yes, I have taken the keys and the possession letter on their letter-head but according to the agreement it mentions that they won't give possession unless they give OC.
3. I still don't have water connection and electricity meter. It's been 6+ years and still this basic amenities have not been provided.
2. He is not giving me in writing about when will I get the OC.
I have approached NMMC (Navi Mumbai Municipality) but they said its not in their jurisdiction, I went to CIDCO but still haven't heard anything from them.
Please suggest what to do in this case.
Asked 2 years ago in Property Law from Navi Mumbai, Maharashtra
1) file complaint before consumer forum against builder and seek orders to direct builder to complete construction and install lift , and provide basic amenities .
2) also to direct builder to obtain building completion certificate / OC
3) seek orders to set aside maintenance demanded . builder cannot offer possession until OC is completed
4) also claim litigation costs , compensation for mental torture undergone by you
Mere possession letter cannot be considered that the building is fit for occupation. Actually it is illegal to issue a possession certificate without an Occupancy Certificate. If a building has not been accorded the Occupancy Certificate, the Competent Authority can issue notices to occupants to vacate. A buyer is so frustrated over a delay that he accepts possession of property on as is where is basis and what is there is basis. This approach has landed you into the present trouble. Have you registered the property on your name? Please note that you should have demanded the OC sooner you were offered the possession certificate. Mere application for OC or CC does not ensure that local town planning authority is obliged to issue the same. In case of more than 5% deviation, local town planning authority may deny OC or CC to the project. Normally builder insists on taking possession of property and promises to address the concerns afterward. In yuor case the builder never bothered about the OC till date. You issue a legal notice to the builder to procure and provide the OC or CC from the concerned authorities and refuse to pay the maintenance until then. Let him give a reply after which you can take him to consumer forum with grievances about this.
1. Possession should never be taken in the first place if the OC has not been obtained. Be that as it may, you can now issue him a lawyer's notice to refuse the maintenance charges sought and also demand that he should fulfill his promises which includes obtaining OC.
2. You can move the consumer forum for necessary directions against him.
The flat was already delayed by 2 years hence had to take up the possession as the work was stopped and everyone was scared. Lastly, I should consider that the builder charging maintenance with interest is illegal as he has not provided OC neither any basic amenities, and other facilities as well right and I won't be liable to pay that even after I get an OC?
As the land is in grampanchyat and on all documents the stamp is of collector, so the collector will issue the OC and how can I myself know the status of the OC? Can CIDCO also provide me the status of the OC? As CIDCO has given OC to many builders in the same area, but the flat documents that I have has a stamp of collector.
Asked 2 years ago
It is illegal on part of builder to charge maintenance with interest when building is not yet completed
2) once OC is issued you would be liable up pay maintenance
3) OC is not issued unless building is complete and construction completed as per sanctioned plans
The collector is the not the authority to issue OC. Also you are not eh authorised person to procure OC. It is the duty of builder to procure OC after applying for it with the concerned authorities. The authorities do not give certificates without inspecting the building and finding it fit for the occupation of the inhabitants. OC cannot be given to individual flats, it is given for the entire building. Do not venture into such things without properly knowing the rules in this regard. You should gather all those who are affected and put up a combined fight against the builder. You can issue legal notice to the builder to obtain and furnish the OC as is mandated in law.Dont pay him the maintenance for the interim period wherein he has not don anything to maintain the building or the premises.
1. Refuse to pay the maintenance if he demands it.
A local lawyer alone can tell which is the competent authority to issue the OC. You can easily ascertain the status of it by making a visit to the concerned office.