pankaj 08 January 2016

Possession and occupancy certificate not getting at same tim

Hi all,

i m nri. i have booked flats in bangalore.as per agreement builder will give possession to me on dec.2017, currently project is under construction. in agreement builder will develope all aminities after hand over the flats to buyer. so may be after 1 or 2 year they could be getting occupancy certificate. as per agreement delayed compensation is rupees 4 per sqft of super built up area.

as per my knowledge it is totally illegal. ( bangalore bruhut municipal corporation bye-laws 2003 one cannot enter into property until there is no occupancy certificate. so one can not start to living in the property or not put tenants too. as per bye-laws builder must give oc and possession same time.

while i chat with builder and clearly i told to builder that i will not taking possession from you or will not going for registration too if you not giving me occupancy certificate on possession.

my guessing is that if builder could not get occupancy certificate for 3 years then can i ask builder to give me compensation ? rs 4 compenstion asper agreement is not acceptable to me bcoz at that time i have been paid re more tha 50 lacs. i will loose big amount. ( bcoz agreement is writeen one sided builder side only,)

my question is have i rights to not to take possession without occupancy certificate ? builder can force me to take possession without occupancy certifiacate ? should i get atleast interest or market rent as compensation instead of rupees 4 as per agreement?

should i lodge a complaint against builder with consumer forum or should i go through lawyer and file a case in court? ( i think it is very lanthy procedure) what step should i take for my safer invesement?

plase i hope detailed and proper advice from experts.

thanks

pankaj

Reply Follow

2 Replies

Advocate Rohit (Advocate) 09 January 2016

Occupancy Certificate is issued by the Municipal Corporation after the building is fully completed as per the approved plan which has been passed by the Municipal Corporation. The issuance of Certificate does takes time. You can ask the builder to give you the copy of the application form which they have given to the municipal corporation for obtaining Occupancy Certificate.

Thereafter, you can follow up with the concerned municiapl officer to get the updates on Occupancy Certificate for your building. It is the duty of the builder to get the Occupancy Certificate issued before handing over the possession.

Regards

Adv. Rohit M. Dalmia

9324538481

pankaj 09 January 2016

Hi sir dalmia,

thanks for ur reply .

my question is that my flats is in under construction now. builder will not hand over flats me with occupancy certificate and possession same time.

should i wait to finish the construction first once i get possession letter from builder without occupancy certificate then i should start consumer court procedure or contact lawyer and file a case against builder or should i take steps now? what type of steps ?

please reply .

thanks

pankaj