Oc being delayed
Agnelo
(Querist) 30 August 2015
This query is : Resolved
Building is in Mumbai we have got the CC for the building.,but now there is delay in OC from builder as per builder He is stating BMC is delaying due to.some environment issues when the entire township is up and running for last 30 years with buildings having OC
Builder is asking us to form society Without OC.is this legal and also what will be implications as we do not want builder to wash his hands off the OC
Chanchal Nag Chowdhury
(Expert) 30 August 2015
Check the BMC law.In most cases OC is issued by the local Municipality after builder files CC.There is nothing wrong in the builder asking U to form a society as builder cannot be saddled with maintenance etc. forever.U R advised to check with BMC whether the cause stated by builder is correct.However,builder is bound to provide the CC/OC whether a society is formed or not but the sooner U do the better as U will be in charge of your Appartment. This, however, does not absolve the builder of the liabilities as per contract & the BMC law.
Agnelo
(Querist) 30 August 2015
But can we run the same as proper society or are there restrictions in forming a society Without OC. It is 5 months from the time soft possession is given but if builder keeps on delaying on OC can anything be done
Agnelo
(Querist) 30 August 2015
But can we run the same as proper society or are there restrictions in forming a society Without OC. It is 5 months from the time soft possession is given but if builder keeps on delaying on OC can anything be done
ADV-JEEVAN PATIL, MUMBAI
(Expert) 30 August 2015
It is in your interest to form.society. U can dispense with OC forming society. OC is not detergent to forming society. In fact as per MOFA promoters have to take steps to form society and execute conveyance of land n building.
Rajendra K Goyal
(Expert) 31 August 2015
Consult local lawyer dealing in the field and discuss all aspects in detail.
