Oc not given by the builder
SARIT DAS
(Querist) 18 April 2016
This query is : Resolved
We , about 40 families have moved into an apartment in Pune. The building was completed in April 2014 . The builder allowed possession of the flats by entering into an MOU on a Rs 100 stamp paper. Till now builder has not provided OC to any of the flat owners and has stated that a partial Completion certificate will be provided now and a final OC will be provided once the second project , another building or phase 2 is completed.
Can we initiate legal action against the builder for non -issuance of OC ? Is it illegal to move into a flat which has not obtained OC ?
Guest
(Expert) 18 April 2016
1) MOU not maintainable in court , Whether you signed Agreement of Sale , Properly stamp and Registered ? This is important query immediately ans.
2) Some thing terrible wrong , How you got flat are you flat purchaser or some thing else ?
3) Myself frequent visitor to Pune and I know most of Pune Govt office , first ans. my queries
Devajyoti Barman
(Expert) 18 April 2016
1. It is not at all illegal to take possession of flat without OC. OC is a mere formality of Municipality compliance and absence of it does not hamper the title of property.
2. There is no point of in fling case agaisnt the builder unless there is any other deficiency of service apart from non issuance of OC.
SARIT DAS
(Querist) 19 April 2016
Thanks all for the response. I would like to clear the air we signed the agreement of Sale. Post that on possession date the builder refused possession of the flats forcing us to sign an MOU on Rs 100 Stamp paper with certain pre conditions. As we desperately wanted to move in we honoured the MOU although no OC was given. Neither completion certificate nor OC has been handed over till date.
Guest
(Expert) 19 April 2016
1) See I will be visiting Pune Municipal Corporation Office for personal work tomorrow or in few days not sure.
2) Forget that builder , meet me if it is Kothrud etc. Apply for zerox of that file of building plan and see if CC or OC granted by PMC we take certified of it from them directly from PMC
3) MOU have no legal standing whatever rubbish if written don't think much, but follow LAW properly
4) I require Commencement certificate and some Survey no. details , We will submit RTI application and get file from Town Planning Dept.
5) I think to avoid dispute please don't come in picture at this stage RTI application you file in my name or I will tell one of my adv. friend to use his name
So he will not know who has applied for it
and no personal dispute
6) Since documents details are private , so better meet personally . Myself some time stays in Korthud area near Vanaz (My maushi place) and from Vanaz to Dhole Patil Shetriya karyalaya whole Pune area I move all govt. offices /court etc.
7) Last thing contact me on my email address on kmadhu786@gmail.com and /or my cell no. 982 09 22 508 (Please don't call sens sms or whats APP my phone is silent many time due to no mobile zone at various place)
Guest
(Expert) 19 April 2016
Query solved meet me , you will get exact status from authorities directly no need to go to court etc.
SARIT DAS
(Querist) 20 April 2016
Thanks Madhu . I will be in touch with you .
