Legal Question in Real Estate Law in India

Builder is not giving Occupancy Certificate

I have bought a flat in Jan 2005 in a building which was supposed to be completed & delivered to me by Aug 2006. Building was completed in Apr 2006. But since builder has not sold all the flats, he is making false excuses that he had not received OC from corporation. Now, he is saying I am doing some work in the building.

When I read the agreement, I found that its one sided agreement where I cannot take any action against him if incase he fails to deliver on time.

Please suggest what action I can take on builder.


Asked on 11/13/07, 1:38 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Builder is not giving Occupancy Certificate

Please contact personally along with the details.

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Answered on 11/16/07, 4:30 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Builder is not giving Occupancy Certificate

From where did you get Aug'2006 as agreed time of delivery of possession?

The law governing ownership flats mandates that agreement should provide for date of delivery.

You can terminate the agreement and get back your money with interest.

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Answered on 11/13/07, 2:03 am

Re: Builder is not giving Occupancy Certificate

No person can take away or restrict the right of an individual.So go ahead.Approach civil court and/or consumer court and claim damages etc.

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Answered on 11/13/07, 6:00 am


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