Siddharth (Project Lead) 17 August 2013

Occupancy certificate but no completion

Hi,
Currently I am residing in a society in Mumbai. The society has 6 floors out of which the plan was approved for 4 floors. The building has an OC upto 4 floors but dos not have a completion certificate.

The owners of 5th and the 6th floor were provided possession letter by the builder. However they lately realized that the builder was not able to procure the required FSI due to tiff with BMC.

Also BMC has provided water,sanitary and electricity to all floor however the charges are higher. I thin the building has all the necessary approvals.

Can you let me know the following

1) Can be owners occupy the building without completion certificate.

2) How can the owners of 5th and 6th floor obtain occupancy certificate. Also can the owners put a case against the builder of fraudulent charges and what is the usual outcome of such cases.

Regards

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 August 2013

They can give complaint to the BMC for more charges for their 5 & 6 floors against the builder. The owners of the said floor holders can go to consumer form and file a case against builder for compensation and other required documents.

Siddharth (Project Lead) 17 August 2013

Hi,

Thank you for the response. I further got the details that the builder had done a conditional OC where he was suppose to give the BMC the required land as against the FSI which he is not giving. We have already sent him a lots of registered post letters however he is not responding back.

Can you throw some light on conditional OC?

Regards

Siddharth (Project Lead) 18 August 2013

Hi,

The people are staying in the building since last 13 years including on the 5th and 6th floor.

Can you please clarify as on what other things can be done. Also is there a difference between Occupancy Certificate and Completion Certificate as what I understand is that the builder can only give Occupancy once the Construction of the building is complete i.e. once the society receives Completion Certificate.

Can you clarify my doubt? Also can you get Conveyance of the land without the OC of the building. Also even if 4 floors have an OC and the others dont still the entire building is not authorized or only 5th and 6th floor are not authorized.

Thanks