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Mr. Majumdar (Service)     14 March 2013

Bearch of faith

Dear learned friends,

I purchased a flat in Dec. 2009 from a Developer. As per  the sanctioned building plan, Sale Agreement (unregistered) and Sale Deed (registered) all the owners have right to avail of the benefit of  underground water tank and water supply from public utility service. This comes under common areas and facilities of the building. Unfortunately, the Developer did not construct any such water tank. It has been recorded in the Sale deed that the building was constructed in accordance with the sanctioned plan! Pursuant to the registered Power of Attorney granted to the Developer the land owner has not granted power to the POA for obtaining Occupancy Certificate.  Land owner has not even applied for the Occupancy Certificate even after about five years of sanction of plan (April,2008). In this situation, can we seek legal justice against the acts of land owner/ Developer for not providing us copy of Occupancy Certificate for mutation, and for not making arrangement for municipal water supply in the building? Pls help.

Kind regards.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 March 2013

Occupancy certificate is essential for grant of water tap connections and sewerage line, and other public utility amenities. Ask your builder to get it done. Otherwise ask damages for not fulfil the terms and conditions of the agreement between you and builder.

1 Like

Mr. Majumdar (Service)     14 March 2013

Thank you friend.

The Sale Deeds of all the owners were registered in 2009, implying common shares on water tank and connection of public water supply amenities. Now, whether the unregistered Sale Agreement has any legal value?

Kind regards.


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