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Ajay   19 July 2019

Got the possession but no oc or completion of project

Hello experts,

As per my agreement builder was suppose to provide possesion in Dec 2017 which was then extended till Aug 2018. I moved in in Aug 2018 and got possession letter. We didn't get any OC yet. Ameneties not yet started and I am doubtful that we will get all mentioned in agreement.

No parking provided yet. Provided 1 lift but no backup at all, we literally have to rescue people from inside in case sudden power failure. Duct space is there for 2nd lift but not installed yet. We are also paying maintence 1 Rs/sq ft. No provision till the for solar water heaters.

What can we do in such situations.



Learning

 6 Replies

Harshit Kedawat (Advocate )     19 July 2019

You can file consumer cases for deficiency of services and unfair trade practices in consumer court.

Ajay   22 July 2019

Thank you sir for your advice.
I would like to know how these cases are ran, do I have to go frequently in courts just like traditional cases running in court or it has some different way in which such cases carried out.

Ajay   22 July 2019

Also for last financila year grmpanchayat tax is showing pending and builder is asking me to pay the same. Who suppose to pay that me or builder?

Harshit Kedawat (Advocate )     22 July 2019

File the consumer complaint as per the pecuniary jurisdiction in the appropriate consumer forum. You don't have to visit the court regularly, approach a good lawyer of your area, explain him the facts and take all the required documents with you. Grampanchayat tax will be paid by the builder. rest I can tell you upon seeing the documents.

For further details you can contact me on harsh*t.kedawat@gmail.com Mob 9654828902 

Advocate Abhishek Sinha (Advocate)     01 August 2019

Without Occupancy Certificate, your possession is not at Legal.  Without OC you have taken the possesion of an unauthorised structure.

Now a days, after RERA has been introduced, things have improved on the buyer's side in these kind of matters. It would be great if you can form a Group with other members and approach RERA Tribunal. You can register a complaint online in Just Rs.5000/-.

Best would be that you all form a group and approach a good Property Lawyer.

Thanks & Regards

Advocate Abhishek Sinha

Mumbai

+91-7045949997

Advocate Abhishek Sinha (Advocate)     01 August 2019

To Add, Stop paying anything to the builder. Even the possesion letter he would have given stands void.

Thanks & Regards

Advocate Abhishek Sinha

Mumbai

+91-7045949997


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