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Rajesh Singh (Advocate)     04 October 2010

Occupancy Certificate and CC certificate

Recently one builder completed 95% of the building and remaining 5% is left for which he is demanding

some  amount to be released from the societies fund.

As the builder has defaulted in giving guarantees on several occassions society is not willing to pay the builder any amount until he brings

the CC and OC certificate of the redeveloped building. Now the builder has stopped giving rent to the occupant what are the civil rights which earlier occupants can enforce on the builder.

As such builder is saying it not his fault as the market has fallen due to this even bank guarantee was compromised with him. But know he is not paying the rent and slowed down the work plus he has informed the occupant to stay without CC and OC in the building.



Learning

 2 Replies

M. A. Khan (advocate)     04 October 2010

It is the duty of builder to obtain occupation certificate from BMC.  Without it possession cannot be given.  therefore, all occupants who were getting rent can claim the same as per agreement executed between occupant and builder or the development agreement between society and builder.   Even society can file consumer case against builder for not obtaining oc.

Mr. Majumdar (Service)     12 March 2013

Is it always true that builders/developers/vendors can't give possession of a new flat to the buyers without Occupancy Certificate? Whether they are responsible for providing OC to the buyers even if there is nothing mentioned in the sale agreement regarding supply of OC! It's not clear as to why the Banks sanction and disburse home loans for new flats without OC!


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