Offer of possession without CC / OC
Dear experts , I booked a flat in Gautam Budh Nagar , Uttar Pradesh in a multi storey housing society and that was to be delivered in 2015.
Though construction has been completed by builder in 2017 and applied for completion to authority , CC/ OC has not need issued to builder. RTI has disclosed FAR violation and few other pendencies from builder side .
Since builder had already applied for CC in 2017 , Builder and UPRERA both are considering it deemed completed as per UP apartment act 2010 and asking allottees to take handover by signing " agreement to sublease " by paying stamp duty approx 7% of the cost but this agreement will not give us ownership rights , if authority grants CC , a proper trasfer of deed will be registered later on .
My question is that since there is already delay of 5 years as per allotment agreement agreement , moreover CC also has not been issued in past 3 years , can UPRERA or promoter/ local administration force a buyer to accept Possession without ownership rights / CC/ registered sale deed ?
Or buyer has choice to ask refund and move to Highcourt through writ petition ?
(Buyer has approached uprera for refund and rera has dismissed his application )