arnab mukherjee 23 June 2024

Occupancy of apartment

X purchased a share in a cooperative society.

Y is a promoter who has been assigned to build the apartment.

Y is not giving CC to X and other members of the cooperative society and delaying it though the flat is ready.

Can X start to reside, the electricity bill is generated in the name of X and the later pays the same.

Quick Summary

A homeowner has purchased a share in a cooperative society and is awaiting the Completion Certificate (CC) from the promoter/builder to occupy their ready apartment. The builder is delaying the CC, despite the flat being complete and electricity bills being paid. While occupying without a CC is generally not advised, this discussion explores the legal recourse available if the builder absconds or further delays the handover process, including approaching legal forums for relief.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 23 June 2024

It is not advisable to take possession and occupy the flats witout OC or CC.

You may issue a legal notice to the builder to provide the CC and then handover the possession of the constructed flat

Dr. J C Vashista (Advocate ) 24 June 2024

What is the problem in handing over the constructed flats to its allottees / members of society?

Whether the Managing Committee (MC) of the Cooperative Society has failed to take over from builder (Y in instant case), if so, what is dispute ?

OC / CC has to taken by MC for which individual member (including X) has no role.

arnab mukherjee 24 June 2024

Completely aligned with the advices.

Question lies that if such a situation occurs wherein Y absconds/dies or is under such circumstances that the handover and takeover process is not smooth and normal.

What are the powers given to the owner of the property(X) to occupy under legal ground.