Property transfer

Querist : Anonymous (Querist) 01 November 2010 This query is : Resolved
Even after paying full builder not conveying apt by absolute sale deed but he has given possession and I have occupied. Reason stated is non-receipt of OC from BBMP (Blr). I have waited for nearly 2 yrs. What can I do? Can I claim interest. Which court to go to? My life savings at stake pls help experts.

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Arvind Singh Chauhan (Expert) 01 November 2010
You should issue a notice to him to such effect and then may go to consumer forum.

s.subramanian (Expert) 01 November 2010
Yes. I agree.

Querist : Anonymous (Querist) 01 November 2010
Resp Sirs,

What I meant to ask is: Is non-receipt of OC a valid reason not to register? Builder says that since he has given possession and I have occupied I have no case .. Pls give your esteemed opinions especially on my claim to interst on my money given ti him?

B K Raghavendra Rao (Expert) 01 November 2010
Yes. Occupation Certification is a must fort the builder to proceed further selling the flats. If BBMP has not given OC, it prima facie means that there are violations of provisions of BBMP Building Bye Laws, 2003. Builder shall be at fault.

You may issue him a legal notice calling upon him to refund the amount paid by you together with interest @ 12% per annum within fifteen days failing which you shall approach consume court for needful.

Looking at the real estate business in Bangalore, your case seems to be a complicated one and your getting the full amount paid by you, let alone interest, is doubtful.

Devajyoti Barman (Expert) 01 November 2010
yes

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