Delay in Occupation Certificate

THE CASE The Buyers of the Project, ‘Bhagwati Greens 3’ at the time of purchase and execution of their respective Agreement for Sale, were promised that the project shall consist of 3 buildings, Wings A, B and C. It was also specified in the layout plan sanctioned by CIDCO in January 2019. However, in 2022 the Developers decided to construct an additional building on the project premises to which the Buyers had objected as the building was already 95% complete and majorly sold out in 2021. The Buyers have opposed this construction and requested Developer to adhere to the sanctioned plans and obtain Occupancy Certificate for the same as this is a completed project awaiting OC. It has been more than 2 years since builder applied for first OC and than the matter is prolonging unnecessarily between CIDCO and builder due to various requirements. The Buyers of the project have similarly requested CIDCO officers not to permit the Developer to change the layout plan of the project as the Developer does not have required consent of 2/3rd (67%) Allottees in the project which is a requirement under RERA and prevailing laws for change of layout plans. However, the Developers did not pay any heed to the requests of the Buyers. Further, the Developer informed the Buyers that they may change the layout plans which seems the main reason for the whole delay of builder not procuring the OC. Buyers checked with CIDCO officers and understood that unless a Stay Order (Status Quo Order) is obtained from the Competent RERA / High Court Authority/Court of Law they cannot help. Following this as a last resort, the Buyers of the project, formed an Association of Person (AoP), Bhagwati Greens Phase3 Allottes AoP representing Flat Buyers in the project and filed an application before MahaRERA (Maharashtra Real Estate Regulatory Authority) bearing Complaint No CC[deleted]. Within Six days of filing of the complaint, Hon’ble Authority granted interim protection and Status Quo Order that restrained the Developer from changing the layout plan of the project. However, after grant of interim protection, no hearing has been scheduled yet from May 2022 for the complaint filed and the Buyers await complete resolution. Timeline of permissions/dates: 2017 Building CC received 2019 Revised Building CC received for constructing G + 28 Floors Mar [deleted]% Building was ready and 95% payments was made by buyers June 2022 Possession date as per agreement Builder has applied for OC 4 times and we have still not received OC due to below reasons in the refusal note of CIDCO: 1. 1st Refusal : Due to FSI/extra refugee area of 1297 sqare meter in Jan 2021 2. 2nd Refusal : Due to Flower bed issue 3. 3rd Refusal : Due above 2 reasons 3. 4th Refusal : Due to expiry of Extension of Time Appreciate your advise as builders is making good of the delay