Partial conditional OC
I have invested in a project in Rajiv Gandhi IT park Pune. This is a commercial development with shops, offices & restaurants. They have a completion certificate.
Due to some ring road dispute between the Developer, MIDC, PMRDA the case was under litigation. After all parties met with the UD ( GOM) as per the minutes the MIDC has issued Part conditional OC to the project. Part because, they have with held OC to the restaurant part, which comes in direct way of the proposed road but is seperate part of the building. The shops & offices have r cleared. The conditionality is that decision of the UD(Govt of Maharashtra) would be binding on all in the matter if complete matter is not resolved amicably.
The developer is now asking for remaining money & maintenance & sinking fund amounts in next 14 days. His letter mentions a 2-5 % interest on delay in payment after 14 days.
1) Can we legally take possession of our units in this partial conditional OC scenario?
2) Can we decide to Not Pay and wait for completion of full project & getting complete OC ( even if possession is offered)?
3) what should be the conditions we put or written assurance we should seek?