Property problem

Ashwin Jain (Querist) 19 March 2009 This query is : Resolved
I live in a flat developed by the builder in the year 2007 and we have still not received Occupation certificate (OC).The builder had collected maintanance charges & property tax from all the flat owner but did not pay to the concern authority since begining.Now Muncipal authority has sent notice to the flat owner to pay all dues within shorter time other wise they will charge huge interest and penalty.
Query 1 : Are we on a safer side as we dont have Occupation certificat?
Query 2 : What better option or action is available with us to come out with this problem?
Query 3 : What action should be taken against builder?

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adv. rajeev ( rajoo ) (Expert) 19 March 2009
Unleass u get occupation certificate u will have no tittlem moreover buidler has not paid the property tax to the municipality. In such cases muncipality attach the property. To come out of this problem u pressure the builder to issue OC and clear the muncipality dues. U can also move to the consumer court for deficiency of service gaint the builder because u come under the consumer defination

Shashikant V. Patil (Expert) 19 March 2009
Untill OC not given by builder, he is responsible. Moreover, you have paid all tax and maintenance charges to builder and definitely you might have the written record of that amount paid to builder and in turn builder could have deposited in Muncipal Authority. You are safe if you have paid in written. First you approach to builder for this. Otherwise issue a legal notice to him and proceed further.

Ashwin Jain (Querist) 19 March 2009
Munciple authority has given time for payment of all the dues before march, so can we write a letter to muncipal authority fir the posponment of due date or extension of time for payment of dues?
Can we file Criminal case of fraud against the builder along with filing case in consumer court?

Ashwin Jain (Querist) 19 March 2009
As solution suggested by mr.Rajeev, Unleass u get occupation certificate u will have no tittlem moreover buidler has not paid the property tax to the municipality.
But it is the responsibility of the builder to make available (OC)to the flat owner and unless we get (OC) the builder requires to collect property tax and paid to the concern authority.
Please reply................

Shashikant V. Patil (Expert) 19 March 2009
You written in your querry, the notice received by flat owner by Municipal authority. Once title of flat is not in your name, how you could reply the notice of Muncipal authority ? Hence it is the onus of builder only to pay the dues.