GETTING OCCUPANCY CERTIFICATE IS BUILDERS DUTY

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Before getting of the flats purchased by someone, getting Occupancy Certificate (OC) may be a “must have document”. If you're denied of identical, then the patron court will return to your rescue. 

The Bandra shopper Disputes Redressal Forum noting that the Occupancy Certificate is an important demand for a flat-buyer has ordered Dharia Developers to administer the buyer, the Occupancy Certificate inside a specific time.

As per and agreement dated september 26, 2006, Mr. Mehul Thakkar bought 2 flats on the sixth floor (601 and 602) of an dwelling by paying Rs forty.25lakh for every of the flats, the remaining 1lakh per flat was in agreement to be paid at the time of delivery of possession. It seems that M/s. Dharia Developers had secured to administer the possession of the flats inside twelve months from the date of agreement.However,Thakkar is nevertheless to get the Occupancy Certificate or the Completion Certificate for these flats. Hence,Thakkar sent a notice to the builder hard to please identical. Once the builder did not respond, Thakkar filed a grievance before the Forum and additionally an application seeking interim relief.

In their defense, Dharia Developers argued that Thakkar wished to merge each the flats into one unit, as per his letter in september 2006. The builder claimed that though this was against the building's approved set up, they allowable Thakkar to do thus at his own expense when obtaining an approval from the enabling authorities. The builder expressed that since Thakkar could not complete the add time, the Occupancy Certificate could not be obtained from the authorities. Hence, they're not chargeable for the delay in returning the possession and also the Occupancy Certificate to Thakkar.

In their interim order, that is common for each of Thakkar's flats, the Bandra shopper Disputes Redressal Forum has command the builder as having committed deficiency of service. The forum discovered, “These explanations square measure hardly satisfactory, as a result of it had been an obligation incurred by Thakkar. If Thakkar had not allotted the modifications that he had instructed, the builder might have completed the development no matter Thakkar's suggestions.” The forum noted that tho' Thakkar had given the letter informing of the modifications to the builder in september 2006, the flat's construction is incomplete even when 3 years. “The builder ought to have completed the constructions, internal furthermore as external, as per the initial set up, since the modifications were at Thakkar's instance. The builder wasn't needed to attend until the modifications were completed. This shows that the builder has imply a lame excuse for not finishing the development and for not getting the Occupancy Certificate. 

The builder received nearly the complete thought of the flat, over Rs 40lakh in 2006. He has preserved the number and used identical, however has not collected the Occupancy Certificate.”The Forum additionally command, “Obtaining OC is an important demand below the MOFA(Maharashtra Possession Flat Act) and also the flat purchased can't be wrongfully occupied, unless the Occupancy Certificate is obtained by the builder. The builder has not created one piece of paper to point out that he has taken effective steps with the competent authority for getting Occupancy Certificate.”

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