• Handing over of property

I had purchased a ready to occupy flat on Sept 2015. I was one among the last few buyers.This project was started on 2008 and got delayed. Still now, even though the builder has sold all units, has not handed over the property/ formal association is not formed. Builder is running the property by collecting maintenance charges from owners. Many of the commitment from builder side is till pending as per agreement such as lifts, water connection, exterior painting, intercom facilities. Recently builder has called upon a meeting to make a formal owners association. Since the builder has never kept his words, owners are hesitant to take over as formal association unless builder has completed all of the listed activities as per agreement made to individual owners. Builder initiative indicates his desire to move out without completing the activities to a formal association. Also builder has not yet shared the owners list as most of the flats are sold but unoccupied. 

My question is
1) Can the builder move out of his responsibility of completion of activities?
2) If a formal owners association is formed by owners as per builder request, will all the responsibility of pending works come to association. 
3) What are the documents to be checked & collected from builder while handing over.
5) If the builder is not cooperating on completion of activities, how do we go ahead against him legally
6) Builder is not willing to share the statement of accounts of current maintenance expenses incurred. How to go about it.
7) Can the builder do the handover without completing activities.
Asked 3 months ago in Property Law from Trivandrum, Kerala
Religion: Other
1) please clarify as to whether building completion certificate or occupation certificate is issued to builder

2)if building has been completed as per sanctioned plans OC would be issued

3) if builder has no installed lifts , provided water connection , painted exteriors of building no BCC or OC would be issued

4) builder cannot shirk his responsibility 

5)only after OC is issued should members  take over from the builder


6) at time of handing over check whether builder has furnished sanctioned plans , OC , lift safety certificate, fire safety certificate , audited accounts for maintenance collected by him etc 

7) file complaint against builder before consumer forum and seek order to direct builder to obtain OC within stipulated period , pay compensation for mental torture undergone , complete audited accounts etc

Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1. In India it is most unadvisable to purchase under construction properties as the builders are dishonest and corrupt. Be that as it may, the builder is bound ti deliver the possession or refund the advance paid to him. The failure to deliver the possession on his part can be remedied by the buyer by filing a complaint case against him in the consumer forum to seek the possession or refund with compensation as this falls within the sweep of 'deficiency in service'.

2. Until the builder obtains occupancy certificate the building cannot be occupied.

3. The builder continues to be liable to complete the pending works.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
) Can the builder move out of his responsibility of completion of activities?

Can is the question about his ability to move out.
If the builder is allowed to move out then all his pending works will remain pending for ever, he will not turn back to get them rectified. 





2) If a formal owners association is formed by owners as per builder request, will all the responsibility of pending works come to association. 

Yes, the builder will dump all the responsibility on the association and will escape from the scene and her cannot be traced after that. 





3) What are the documents to be checked & collected from builder while handing over.

There are various document that are to be obtained from the builder.

.Property

P1. Property Documents executed between the Landowners and Builders

P2. Approved Construction Plan

P3. Completion Certificate

P4. Occupancy Certificate

P5. NoC from Fire Department

P6. NoC from Electrical Inspector

P7. Clearance to operate Elevators

P8. Property Insurance Document (if any)


Operations

O1. Drawings of the Electrical Wiring including Earthing Points

O2. Drawings of the Water Piping

O3. STP Drawing & certification by Architect/Pollution Control Board

O4. Waste Disposal system with approval from Pollution Control Board

O5. AMC Documents – Lift, Generator, Transformer, ApartmentADDA portal, etc.

O6. Invoices and Warranties for all Assets – Pumps, Lift, Generator, Transformer, Pool Equipments, Gym Equipments

O7. Maintenance Schedule for all Assets

O8. Work Schedule of all Staff maintaining the complex


L1. Sale Deed copy/Proof of Ownership of all Owners

L2. Share Certificate Copies for all Owners (where applicable)

L3. Khatha Certificate Copies for all Owners (where applicable)

L4. Car Parking Allocation Record

L5. All Legal Documents executed between the Builder & Landowner (could be same as P1)

L6. Contracts with Vendors

L7. Undertaking by the Builder regarding Indemnity & Limitation of Liabilities of the Society for all transactions prior to the Handover Date.





5) If the builder is not cooperating on completion of activities, how do we go ahead against him legally

He can be dragged to consumer forum for deficiency of service.





6) Builder is not willing to share the statement of accounts of current maintenance expenses incurred. How to go about it.

You have to give a legal notice to him demanding the production of proper accounts 





7) Can the builder do the handover without completing activities.

Dont accept it.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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