Can a builder force take over of apartment without registration, permanent electricity-water and local body occupancy?

Q: Hi!
I had bought an apartment in Asten Viveria at Thengod near Kakkanad.
The project was promised to be complete by 2015 and was delayed by the builder.
Now i.e. in October 2017, the builder is asking me to take over the apartment for which registration is incomplete, authority water and electricity is not completed and occupancy certificate from local authorities have not been obtained.
Is the builder right in his claim to handover apartment without these legal or official documents? Can a aggrieved customer refuse to take over in such instances?
Thanks

Bijou, Kochi

15th October 2017

Legal in Asten Viveria, Kakkanad, Kochi

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Replies (2)

No, do not take possession of flat in absence of completion and occupancy certificate. It will consider as illegal and some basic amenities will discontinue by the local body. A building, of which possession has been obtained without taking OC, can be demolished at anytime. If builder had completed building as per sanctioned plans completion certificate would be issued by the authorities.

Bharath Konda, Hyderabad

17th October 2017

Comment

Thank you very much Bharat, for this advice

Bijou, Kochi

17th October 2017

HI,
Living in flats without registration or occupancy certificate is an offence. As per law it is illegal for a building without OC to be occupied. There are several reasons for this, including 1) The building is not as per the sanctioned plan, has illegal unsanctioned floors or walls or extensions, 2) The building is not safe to inhabit because of quality of construction, safety of stairs or lifts, electrical safety, fire safety, airline safety, etc.

Shyam Sundar, Chennai

17th October 2017

Comment

HI Bijou,
Wait for issue of completion certificate and then take possession. Send him a legal notice asking for to hand over the possession immediately in default of which he may be taken to consumer forum wherein you can claim for compensation as well for delay in possession.

Muniraj, Chennai

17th October 2017

Thanks a lot Shyam

Bijou, Kochi

17th October 2017

Thanks Muniraj

Bijou, Kochi

17th October 2017