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NEWA GARDEN

Q: Hi Friends,

Maximum resident has occupied the flats since last 3 yrs but builder has not given OC or Possession Letter. The builder says he has applied for OC but due to environment department there is delay.

What should be done in this case to protect flats by different owners. nor society is formed till because Registrar says they will not allow any society to be form which do not have OC
Replies (2)
1
And i hope Amarjeet, you will take it seriously and ask for the Occupancy Certificate from your builder. Having an OC work for another important purpose. This is a mandatory document which needed if you are applying for a home loan, while buying either a new flat or a flat on resale.
pradyumanapte


Good morning Amarjeet!!!
It seems to me that your building is not constructed as per the environmental friendly. Until and unless, it is not completely environmental friendly, they will not issue NOC.

Secondly, you may have to face legal issues in future. For ex- it may be revealed that the land or some portion of the land in which the project is built does not belong to the owner/builder. Then the actual land owner may file a case against this builder and you may lose the land on which your apartment is there. It is builder's duty to get you OC from the concerned dept and give it to flat owners. Only after this buyers should take possession.
Rajiv Bajaj,  Pune
31st May 2016


2
Hi Amarjeet,
No Occupancy Certificate means that the building has not been given a "Pass Certificate" by the concerned authority. As such, it does not have all the necessary infrastructure or clearances that make the building inhabitable. You might heard the news of Campa Cola Society where no necessary clearance was taken by the builder and building was demolished. So, visit the developer as soon as possible and pressurize them for OC.
pradyumanapte


Yes, my word of advice is that people should not occupy the building without occupancy certificate. Without a proper Occupancy Certificate, an apartment owner may sometimes be relieve of necessary amenities like electricity and water. You may also face a threat of displacement if you don't possess an Occupancy Certificate.
Rajatrawal,  Mumbai
31st May 2016


3

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