Society not issued O.C.
N.J. MISHRA
(Querist) 24 March 2011
This query is : Resolved
please member kindly suggest me,
society has not issued O.C. to one of my client. now my client states that he will not pay the maintenance charges of the society till the O.C. has been issued to him. please guide what sought of action could be taken against the society for not issuing O.C.
and secondly builder has sold the open terrace situated on eight floor to the owner of the flat situated on the seventh floor of the building after obtaining NOC of the other members of the society and the contract has been executed regarding the same. now the society has issued notice to the flat owner that under M.C.S.Act the society is having exclusive right over the said terrace. now what sought of action could be taken against the society or the against the builder. please guide me.
M V Gupta
(Expert) 26 March 2011
This appears to be repeat query. I have already replied to ur first query in this posting that even if OC is not obtained from the MC maintence charges will have to be paid under the Agreement for Sale ur client has executed with the builder for purchase of the flat. As regards sale of the terrace it is not legally valid as it falls in the zone of common areas. The concerned Member who purchased the terrace has been cheated by the builder. Here I prsume that the terrace referred by you is not a terrace attached to flat as a pent house but is a common terrace at the top of the building where water tank and other common facilities are located.
