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Nitin Gupta (Officer)     06 April 2014

Occupancy certificate

 

Need expert advice on this.. Few days back HUDA official came to my brothers Ansal Florence Marvel Villa in Sec 57 Gurgaon for inspection in regard to Occupancy certificate(OC). The villa was given possession by Ansal in 2009. After the visit of HUDA official, we realized that there is something called OC which is also required. How can builder give possession without OC?


On contacting Ansal's now they asked us to submit 1lakh towards an interest on delayed payment of last 5% installment due at possesstion in 2009. 


What actually happened in 2009 is that Ansals gave 'Offer of Possession' and asked to clear final dues, even though the Villa was not complete. Construction already took more time than mentioned on BBA (no penalty clause). After some time, final dues settled on a mutual agreement and got Villa possession and even Registry done. But that time Ansal's never told us that there is another balance towards interest of delay in clearing dues while giving possession or while doing registration. 


Now when we asked Ansal's about OC, Ansal's told us to pay interest of delay in clearing final dues during possession in 2009.. Now what are my options..


 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 April 2014

File a complaint on builder in consumer forum for failing his services of not issued OC. Send a legal notice first, If they no respond within 15 days, file a case in consumer forums.

T. Kalaiselvan, Advocate (Advocate)     07 April 2014

The builder's action is clear case of deficiency of service and he is answerable to this. He cannot just like that claim anything at a later date especially at this juncture when you demanded him the occupancy certificate.  Contact a lawyer and issue him a legal notice and follow it up through consumer court.  Once  summon fro consumer court reaches the builder, you will find solutions for your problem automatically happening.


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