Q: I paid the booking amount already and have given the apartment papers to my advocate. He is asking for a lot of documents that the builder did not provide upfront. Yet to receieve those to completely get the legal opinion. I guess many of you who have bought flats here may not have gone for legal advice since HDFC, Axis etc. have approved loans. Please share if you know of any legal obligations etc.
The legal verification got delayed and the builder cancelled my booking and denied me the flat. Hence I developed a suspect on the credibility of the builder. But now that Rehana sent me the OC, I can rephrase my opinion that the builder is indeed doing a good job. I really liked the quality of construction and hope they keep up the good work.
Again, once project is approved in its entirely, OC has to be issued for both block and therefore your claim in this regard is purely based on assumption. However, we are glad to inform you that we have duly obtained the ‘OC’ for both blocks. A copy has been mailed to you for your reference. Will be glad if you can share the same with all the prospects who have fallen prey to your claims without due diligence. Lastly,as per the new regulations, transfer of BESCOM meters requires ‘OC’ that was awaited. With OC on hand, we have initiated the process of transfer of meters in the apartment owners name. We hereby request all prospective buyers to kindly verify the facts before making any decision. Our legal documents have gone through multiple scrutiny in the last 4 years by various banks and individual buyers. Please contact sales@epitomebuilders.com for a copy of legal opinion from leading nationalized banks like SBM/SBI.,
Hi! Pradyumna, I guess given the flow of our communication with you and your lawyer, your claims are entirely misleading. Firstly, the entire lot of legal documents was shared with you except ‘Occupancy Certificate. It is ridiculous to think of banks offering project loans without registered mortgage deed. Accordingly, we had executed a registered mortgage deed with SBM for all the six apartments and later a release deed was executed by SBM for the same and NOC issued in each case. Once registered, it will clearly reflect in the EC without any doubt. Unless a release deed is executed, we will not be able to put those apartments for sale. Please get your facts right.
Further, it was informed to you upfront that we have applied for ‘Occupancy Certificate’ and that we expect the same within 6-8 weeks. Infact, you were all ready to book the apartment despite this and sent several mails to confirm availability. Again, once project is approved in its entirely, OC has to be issued for
Hi Prad, Did you get your money back or did they deduct some amount from the booking amount? Did you buy the property in this building finally ?Looking forward to your reply? Please share your findings, I am in the process of getting these verified.Regards Amit
I just found out from my lawyer that the NOC from the bank after builder clears the mortgage is very important. If this is not available, the buyer will have no authority on the flat. This won't surface during registration either.
Another document is the Occupancy Certificate (OC). Builder may have got the OC for Block B. But Block A does not have it yet. This means Corporation will not issue KEB and Water bills in owners' name. It will just be addressed to the Flat Number. Some day, BBMP may decide to demolish the block for deviation of construction from approved plan.
Builder says he will take a "couple of months" to get the OC. This is nonsense.
Owners in Block A: Do you have KEB and water bills printed in your names? If not, you need to be asking the builder right now.
Check out these links:
http://www.accommodationtimes.com/legal/society/occupancy-certificate/
http://www.spaenvis.nic.in/pdfs/Byelaws/Bangalore-Building-Byelaws.pdf
http://rbidocs.rbi.org.in/rdocs/notification