1) he Municipal Corporation of Greater Mumbai, issues commencement certificate only after compliance of terms & conditions of the letter of approval (I.O.D.) by the applicant

2) in your case builder has obtained commencement certificate from muncipal coprporation to start constriction Work on the site till 8th floor Hence builder cannot execute agreement for sale with the purchaser for sale of flat on 11th floor

3) The work carried out without C.C. is treated as unauthorised and is offence under MRTP Act, which attracts penal action and proceedings against the applicant

4) for sale of individual flat builder needs NOC from financier .

1. Registration of flat is different to that of the completion certificate. The registrar's office is not bothered about whether the flat has been completed and CC is obtained or not. Registration of flat has nothing to with the completion certificate.

2. The builder should procure NOC from the NBFC, it is his duty to obtain that.

NOC is mandatory since the builder has mortgaged the property to that NBFC.

But even that is not necessary for registering the property.

1. He could not have even constructed beyond the 8th floor if the permission was till 8th floor. It was unwise for the buyers to knowingly purchase the flats constructed above 8th floor. The registration cannot be unilaterally cancelled by the buyer. The only remedy for the buyers is to file a suit for cancellation of the sale deed on the ground that the requisite permission was not obtained by the builder, but they will have to explain why they did not conduct due diligence.

2. The buyers should ask the builder to regularize the illegal construction by paying the penalty prescribed by the authorities.

3. The project under mortgage cannot be sold without the NOC from the mortgagee. It seems that the buyers were ignoramuses who miserably failed to conduct due diligence before purchase.