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Building OC CC and society pending.

(Querist) 17 January 2018 This query is : Resolved 
Hi, I bought a flat in the year 2014. 90% occupancy is there but builder has not yet cleared OC CC and society formation not yet done. Also, Non-registered under RERA. Location is Dombivili, Thane. What is the solution to get these done smoothly. Kindly suggest.
Ms.Usha Kapoor (Expert) 18 January 2018
The Builder has to complete construction of flats at agreed time. ..Unless and until builder constructs the the flats don't occupy the building without the builder giving you OC and CC. Its not registered under RERA. When a builder constructs flats and sells them to Flat Owners, the Society when formed is called Fla t Owners housing society,
Ms.Usha Kapoor (Expert) 18 January 2018
The Builder has to complete construction of flats at agreed time. ..Unless and until builder constructs the the flats don't occupy the building without the builder giving you OC and CC. Its not registered under RERA. When a builder constructs flats and sells them to Flat Owners, the Society when formed is called Fla t Owners housing society,
Kishor Mehta (Expert) 18 January 2018
You should not occupy the flat till OC is issued. Society can be formed only after OC. You may approach B&F department of MCGM in the matter. You have to take legal action against the builder.
Adv. Yogen Kakade (Expert) 18 January 2018
RERA is a good platform for you to file your complaint. The complaints under RERA can only in Mumbai which is near to you. You can ask for compensation with interest. The process is very fast and the relief is quick at RERA. The office is near Bandra Kurla Complex, Mumbai.
All the best.

Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888
SHIRISH PAWAR, 7738990900 (Expert) 18 January 2018
You can file consumer complaint before district forum. You can contact me for further proceedings.
Dr J C Vashista Online (Expert) 19 January 2018
I fully agree with the practical expert opinion and advise of Mr. Yogen Kakade. nothing more to add.
Hemant Agarwal (Expert) 29 April 2018
BEST & SIMPLE SOLUTION:
1. FILE a proper Petition before the Local Consumer Court, against the Builder, for issues like:
a) No OC
b) Non Registration of Society
c) Conveyance of the Plot
d) Other legitimate issues (water, lift, property tax, etc.... )
AND claim compensation and damages, from the Builder for non-compliance of the mandatory law.

2. AFTER the order of the Consumer Court, the Builder will compulsorily have to get the OC and Society Registration certificate within the specified time in the court order.

3. A Minimum of TEN Occupants of the Building, can form a Society and have it Registered, EVEN WITHOUT OC.

Keep Smiling .... Hemant Agarwal
Ms.Usha Kapoor (Expert) 21 June 2018
I stick to my above view.


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