Has the developer provided Completion and Occupancy certificate before issue of Offer for Possession

Q: Dear all, if you have received offer for possession and the developer has not provided Completion and Occupancy certificate for the Unit, let us unite and fight for our rights as consumer, send me you contact details on ashwaane@gmail.com

Ashwaane Kumar Singhal,

12th June 2016

Builder Review in Noida

occupancy certificate

possession

why occupancy certificate important?

why occupancy certificate require?

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Replies (5)

thanks for sharing

liyans, Kolkata

6th July 2016

Comment

Hi folks!!!
There is also a chance that the electricity and water connection could be cut if the owner does not have the Occupancy Certificate. A flat owner can approach Noida Authority directly.

Sangam, Noida

13th June 2016

Comment

could you please send me your mobile numbers i would like to contact you regarding Paras Tiear since i am also a consumer of T25 and i have a whatsapp group for discussing such matters and support each other

Ashwaane Kumar Singhal,

6th July 2016

Hi friends!!
Actually there is a supreme court judgement that clearly states that these documents should be handed over to the buyer, which reliable builders adhere to. But consumers need to understand that even reliable builders will show the OC-NC documents to perspective buyers and will hand over the copy of the documents after completion of the project.

If you are not buying from a reliable builders and are not getting the OC or the CC, you need to issue a notice him to apply and hand over the copy of the documents within one month period from the date of the issue of your notice. Falling which you can also get it via a consumer forum or filing a writ petition.

Adnan Khan, Mumbai

13th June 2016

Comment

Hi Adnan,
Did you talk with the builder on OC? What is their reply? There must be some date by which the builder is obliged to give you occupancy certificate. If that date is there, talk about this to your builder. If it is being delayed deliberately without any reason, you send him legal notice. About his interest delaying the occupancy certificate, he may be looking for an opportunity to get additional money in one or other form.

Lewin G,

13th June 2016

Hi Ashwaane!!
The absence of a valid Completion Certificate/Occupancy Certificate mean the building may not have been constructed as per the approved plan, as it can be classified as unauthorized structure and you are taking the risk of demolition as we have seen in the Campa Cola Society cases.

Anuskha Chandan, Mumbai

13th June 2016

Comment

I am agree with you Anuskha. And if you are going to a bank for mortgaging the house, they will first ask for the valid OC. On the other hand, if you want to sell the property after a lapse of time, you will not be able to do so if you don't possess a valid OC or OC.

As per law a flat owner can occupy the apartment only after he gets the OC, otherwise the building is considered illegal and can demolish any time by the local authority.

Anup Patil, Mumbai

13th June 2016

Anuskha,
The builder has given us the reference of Noida authority completion certificate that shows tower being partly approved and is asking for full payment along with maintenance charges, of which we have been continuously asking the builder to provide us the completion and occupancy certificates for the possession process to complete, but he continuous to deny and has given us tentative period of physical handover 2-3 months after paying of payments (final payment+maintainance charges) mentioned in 'offer for possession' letter and wants to bind us for maintenance charges which is also unjustified.
As of my understanding the builder is trying to collect as much money as possible by completing the authority formalities at the minimal and escape from delay and other charges that would be applicable as per latest consumer courts rulings.
The builders in India have been taking consumer for granted, which i feel because of our judicial system being so slow in providing decisions.

Ashwaane Kumar Singhal,

13th June 2016

http://www.magicbricks.com/propertyDetails/3-BHK-1475-Sq-ft-Villa-FOR-New%20Property-Sector-4-in-Greater-Noida&from=postPropertyConfirmation&id=4d423230373334383234