Occupancy certificate unavailablity

Builder is  bound to provide you  with Occupancy  certificate BEFORE YOU OCCUPY  the apartment. File money recovery suit  to recover whatall you've paid to the  builder.fILE A ASUIT IN CIVIL COURT FOR RECOVERY OF YOUR INVESTRMENT IN THE FLAT UP TILL NOW TO THE BUILDER TOGETHER WITH INTEREST  + DAMAGES ON WHAT ALL YOU'VE PAID UPTIL  NOW TO THE BUILDER.

Occupancy Certificate is issued by the Municipal Corporation. Please ascertain whether the Corporation has has carried out the inspection of the completed buliding and issued the Certificate.

In Delhi it is Delhi Development Authority to issue "provisional occupancy certificate" and other States/UTs it is District Town & Planning Officer (authorised by State Town & Planning Commission) to issue the occupancy certificate after proper inspection but before possession of flat(s)/apartment(s) is handed over to the buyers/members.

The certificate is necessary/compulsory but not mandatory before the possession of flat(s) is handed over to buyer. You should insist upon and take OC from builder before execution of documents and payment of balance of consideration.

Occupancy certificate is required and builder/investor/construction company don't apply for it generally  because they have done some illegal construction some where in project and that is why they avoid Planing authority . 

After some time Builder some how manage to impose Property tax , get some how water connection and then become invisibile . People live with impression All is well. 

Such properties/Flat  while selling to second person creates some hurdle because he insist papers to be in order , Occupation certificate with Final Plan attached with OC he requires. 

Some local bodies have provision that they give part OC means if your flat is ok in all respect they will give OC to your flat only and  not to above floors . 

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My suggesstion will be first try to determine why OC is not given to your FLAT ? Reason thereof from Planing authority (Authority which sanctioned your building Plan) and then take call . Ask them whether there is provision by which you can get Part OC for your flat and make your things clear. 

Whether your flat is legal , Now a days many Planing authority on payment of fees confirm and give certified plan of your floor , so you are sure your construction is legal , same way of OC (This means only construction it does not relate to Title of property)