Offering possession without obtining occupancy certificate

This query is : Resolved 
 


Querist : Anonymous (Querist)
16 April 2021

The handover (possession) of an apartment in Gurgaon (Haryana) was promised to its first buyer in 2012. I bought this apartment in 2013 hoping for the possession by end of 2013. I started writing in 2015 asking for the handover or the delayed possession compensation. Finally, in Jan. 2017, the possession was given to us (nearly 80 apt. owners). We started living there in Jan. 207. After several months we came to know that the builder has not obtained the Occupancy Certificate and hence the apartments cannot be registered in our names yet. Also these cannot be insured. As of 15th April 2021, the OC has not come.
What are our remedies -
1. Are we entitled to late possession compensation until today or until the date of actual handover?
2. Can we be evicted by the authorities for still living in a non OC apartments
3. Can builder be booked for criminal act of jeopardizing lives of its customers by forcing them to take possession of apartments without OC
4. Can builder be booked for the fraud and violation of law as it offered possession to the buyers without obtaining necessary govt. approval?


SHIRISH PAWAR, 7738990900Online (Expert)
16 April 2021

Hello,

Builder is guilty of not providing Occupancy Certificate and possession in time. Send builder legal notice and later on approach consumer forum against the builder for compensation and for direction to issue Occupancy certificate.


Querist : Anonymous (Querist)
16 April 2021

Thanks indeed. Shall be thankful to have short answers for point nos. 1 to 4 if possible.

kavksatyanarayanaOnline (Expert)
16 April 2021

Before purchasing, the buyer shall verify the plan, old documents, the particulars of the owner, if it is GPA to the builder, the builder details, EC at least for 30 years etc,. Did you verify all these? But now you are asking regarding the violation of law by the builder. If the builder got approval and all link (previous) documents and he is really authorised, then you can file a case in District Consumer Forum/RERA.

Dr J C VashistaOnline (Expert)
17 April 2021

Buyer Beware" is the maxim.
You should have verified marketability of the flat / property before purchase.
Did you involve builder in the transaction of sale/purchase ?
Whether title has been transferred in your name ?


Querist : Anonymous (Querist)
17 April 2021

In fact, I checked the marketability of the project. This is by one of the largest builders of North India with several dozen projects. The project in question (where I bought the apartment) has 12 towers and all have got OC except 2 towers and I have my apartment in one of these unlucky towers. There are nearly 80 buyers like me. The Builder Buyer Agreement is endorsed in my name but the apartment is yet not registered in my name for want of OC. The question is whether the builder committed an offence by handing over a non-OC apartment and concealed this fact from the buyers? What relief can the buyers seek? And from which forum/ court?

P. Venu Online (Expert)
17 April 2021

Admittedly, the title has not been conveyed through a registered deed. As already suggested, you need to pursue the remedy through the Consumer Forum/RERA.


Querist : Anonymous (Querist)
18 April 2021

Thanks to the attorneys - M/s Pawar, Satyanarayana, Vashista and P Venu. It is a reputed builder who is in a habit of handing over possessions without obtaining the OCs (an essential pre-requisite in Haryana). My last question is - which forum is most recommended for us to approach and what reliefs can the buyers seek?

ashok kumar singhOnline (Expert)
21 April 2021

agreed with views of earlier experts, therefore no further comments, so far
thanks



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