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satyanam r (Consultant)     27 December 2014

Builder not giving oc for flat.

Dear Experts,
I have purchased a flat from one of the reputed builders in Bangalore early in January 2014. They were supposed to handover the flat in September 2014. However the builder has not yet given possession of the flat. Whenever, I ask the reason of the delay, the builder states that they have applied for OC but its still in progress. Its already 3 months that I am hearing this excuse from the builder and they are not even giving any tentative date for the possession. I came across certain blogs which says the OC will be provided by the authorities within 30 days.

They have wisely added a clause in the construction agreement in the FORCE MAJEURE AND PERMITTED DELAYS section:-

"Delay in receiving any permission, no objection, sanction and/or building
occupation certificate from the concerned authorities;"
In case of FORCE MAJEURE, the builder is not responsible for delay in possession and they are not going to compensate for this delay as well.

While signing the construction agreement, I got the all the approvals and NOCs checked by a lawyer and I did not anticipate that there could be delay in obtaining the OC because all the documents were fine. What I doubt that the builder is delaying the OC because all the flats in the block is not yet sold and once the OC is obtained they will need to pay taxes on the unsold flats as well.

Can anyone help what action I can take in this circumstances? It has become very difficult for me to pay both the rent and EMI. I am in a very bad situation. Please help.

Thanks and Regards,

Satyanam



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 December 2014

Dear, Tell builder to take u along to find the reason of delay in OC or ask for compensation via legal notice ... Kapil Chandna Adv 9899011450

Akhilesh Kumar (Legal Counsel)     27 December 2014

Dear queriest, The Occupancy certificate is granted only after construction of the Dwelling unit and all infrastructure alongwith facilities are completed by the developer, If Construction is not completed then Authority will not issue Occupancy.The deliberate delay in construction is not covered under the force majeure condition, therefore they are liable for compensation, you have remedy to file Consumer complaint and followed by a Legal notice also Cc to the Concerned Authority.

 

Thanks

 

  


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