Builder is not giving completin certificate.

Q: I have purchased a flat in Kasba under Kolkata Municipal Corporation, and already made 50% payment. But the builder is saying he cannot give completion certificate. Now he is threatening to cancel the agreement and selling the flat to someone else. What to do? Please advise

SUDESHNA DASGUPTA,

24th June 2016

Buying property in Kasba, Kolkata

kolkata municipal corporation

completion certificate

kmda

why completion certificate required?

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Replies (5)

Thanks for sharing this post.

sdgroup kolk,

28th July 2016

Comment

Thanks for sharing.

liyans, Kolkata

6th July 2016

Comment

I know that it is a legal and important documents. But builders are not like us. We really can't do everything that contractors and builders can do. Also I don't know any lawyer who can give suitable advice, as it's quite known how long legal processes can take. I know what is right and what is wrong, but the problem is that I don't have knowledge of any law or authority who can safeguard me from the mental harassment I am subjected to.

SUDESHNA DASGUPTA,

24th June 2016

Comment

HI Sudeshna,
A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. A mandatory no-objection certificate issued by the local development and municipal authorities, the completion certificate of any building in Kolkata proves that the building has been approved by the Kolkata Metropolitan Development Authority.

debabrata sarkar, Kolkata

24th June 2016

Comment

I am agree with Debabrata. A completion certificate guarantees that the building has not violated any rule in that locality such as standards of safety and regulation, the distance from the road, distance from surrounding buildings, height and other criteria set by the Municipal authorities, along with the building plan. The Apartment Ownership Acts in various states in India make it compulsory for an owner or builder to possess a completion certificate, in order to avail of basic amenities like water and electricity.

In case of a builder or a developer, it is mandatory that they give a copy of the completion certificate to a person purchasing the house.

biman roy, Kolkata

24th June 2016

Is your flat ready-to-occupy? If it is under construction then you have to pay the EMI as per the payment schedule and the possession letter is issued by the KMC only after completion of the project. But if the project is ready-to-occupy then you have rights to ask for Completion Certificate. It is a very necessary document without which you can not occupy your flat. Without Completion Certificate, building is considered as illegal.

biman roy, Kolkata

24th June 2016

Comment

Good afternoon Sudeshna!!1
If the developer has not been given a certificate of completion, buyers can either approach the local municipal authorities to award the completion certificate or can form a resident’s welfare association to speed up the process. In case new properties operate without completion certificates, residents are threatened to be evicted and the city engineering department will penalize the properties for not paying property tax.

Rajesh, Delhi-NCR

24th June 2016

Hi Biman, yes flat is ready to occupy now. I have been chasing the builder since long, but without any success. Other flat owners have taken possession but are reluctant to go through the huge legal process. As lawyers too sometimes cannot be trusted completely. Is there any way I can approach the authorities for the certificate? Or at least inform the authorities that I am facing this situation?

SUDESHNA DASGUPTA,

24th June 2016