Cc not received

Querist : Anonymous (Querist) 20 May 2024 This query is : Resolved
I had booked a flat in Ruparel luminaire on April 22 .I did registration on June 2022 .They took a huge amount from me and then there was no response.After much inquiry I got to know they didn't received any CC on the project and BMC didn't allow further construction.Also the previous partner siddhivinayak construction CC was also denied by BMC and the project was takenover by Ruparel. Possession date is Dec 2025 but there is no progress in the project and builder is telling if you want to back out you have to pay the penalty of 20 percent . Please tell what should I do as I want to backout from the project without giving a penny to this builder as the staff didn't give reason why CC is not being provided

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Quick Summary

A buyer booked a flat in Ruparel Luminaire in April 2022 and paid a significant amount, only to discover the project lacks a Commencement Certificate (CC). The BMC has halted construction due to issues with the previous developer, Siddhivinayak Construction. Despite a December 2025 possession date, there's no progress, and the builder is demanding a 20% penalty to cancel the booking. The advice given is to issue a legal notice to the builder demanding the CC or a refund with interest. If the builder fails to cooperate, legal action through the consumer forum is recommended, possibly with collective action from other affected buyers.

T. Kalaiselvan, Advocate (Expert) 20 May 2024
If the builder has not obtained commencement certificate even after years of making the payment then you can hold the builder responsible and liable by first issuing a legal notice demanding the same or to cancel the booking and return the advance received with interest.
If the builder doesn't respond or don't cooperate then you can plan to escalate the matter through legal forum.

kavksatyanarayana (Expert) 20 May 2024
Yes. Could you issue a legal notice to the builder and file a case in the consumer forum if not responded?

SIVARAMAPRASAD KAPPAGANTU (Expert) 21 May 2024
Legal action is the only way out starting with legal notice followed by further action depending upon response. Meanwhile, try to contact other people who got cheated likewise and try to organize collective action.

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