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Navi Mumbai, Occupancy certificate status check process

Q: I have bought a flat in Navi Mumbai and waiting for pocession since more than 1 year. The builder is not providing a clear picture of the OC status. Hence I wanted to check if there is a way to get the clear status from the NMMC
Replies (6)
1
Hi Varun,
Did you ask the builder for the possession? I think the project is ready-to-move and owners are getting their flats possession. Go and check the current status of your tower.
Vinay Dixit


2
In case you bought your property from not very honest builder and did not get the OC or the CC, you need to issue a notice him to apply and handover the copy of the documents within one month period from the date of issue of your notice, failing which, you can also get it via a consumer forum or by filing a writ petition.
Kishore Pathak


3
There is a Supreme Court judgment that clearly states that these documents should be handed over to the buyer, which honest builders adhere to. But consumers need to understand that even reliable builders will show the OC-NC documents to prospective buyers and will hand over the copy of the documents only after completion of the project. so beware and take it before possession.
Kishore Pathak


4
Hi Guys, I am considering buying a flat in newa garden. have heard that the builkder has still not received the OC as he has yet not received the environmental clearance. Please advice whether should I go ahead with my buying decision..
Rahul


Hi Rahul,
The OC from the planning authority is essential for any construction as per the provision of law. A buyer can move into his/her new apartment only once the OC has been received. The OC also plays a significant role while applying for home loan or loan to purchase a re-sale flat.
Abhishke Karule,  Mumbai
22nd January 2015


Apart from that Palike can also initiate action against the flat owners, as the law says no person can move into a building without the OC. Such cases have been seen in Mumbai and Delhi real estate markets. The classic example is the Campa Cola case in Mumbai.

There is also a chance that the electricity and water connection could be cut if the owner does not have the OC.
Abhishke Karule,  Mumbai
22nd January 2015


5
Hello Sankalp,
I think the delay in getting the occupancy certificate could be due to non payment of arrears by the builder to the Municipal authorities. The builder might have not paid the tax, or may not have paid for electricity or for getting water and sanitation charges. Hence the residents are not able to possess the occupancy certificates.
Abhishke Karule


Hi,
Possessing an occupancy certificate is a must as per the law and it is illegal to occupy a property without an occupancy certificate. Hence see to that you get the occupancy certificate at the earliest to avoid legal issues in future.
7th February 2014


6
Hi Varun,
Do get in touch with the builder and clarify with him the delay in getting the possession and occupancy certificate. In fact you can visit the Navi Mumbai Muncipal Corporation and check the status pertaining to occupancy certificate so as to get a clear picture.
Bikram


HI Bikram,
Yes you are right!!!. If the builder does not provide the occupancy certificate inspite of repeated visits and correspondence, then you can file a complaint with the CREDAI, where the department will take necessary action against the builder.
Sankalp,  Mumbai
7th February 2014


7

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