Legal Question in Real Estate Law in India

Obligations for non-occupancy certificate flat

Hi,

I bought a house in Navi Mumbai. The building was suppoosed to given to us in Aug 2006 but builder reluctantly gave the possession in Feb 2008 with a bond. The bond states that I will have to pay for non-occupancy charges charged by corporation as building has not got the occupancy certificate.

When I gave my flat on rent last week, builder started saying that he will cut electricity & water for the flat.

Please suggest what are my rights in the above scenario.


Asked on 3/13/08, 7:51 am

5 Answers from Attorneys

Re: Obligations for non-occupancy certificate flat

We have won a similar case in Delhi State Consumer Dispute Redressal Commission, where all these charges, despite there being a contract has been deleted. You immediately move a Consumer Complaint before the Consumer Court alongwith an Interim application, seeking a stay against builder, please get the said complaint checked and verified from us, as we have expertise in these areas, our e-mail address is: [email protected]

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Answered on 3/13/08, 8:31 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Obligations for non-occupancy certificate flat

In Navi Mumbai, most of the lands belong to CIDCO. You need to rules of CIDCO with terms of your agreement with the builder. In case, the land was allotted to a Society, you also need to know the bye-laws of the Society.

Please also check whether the possession given by the builder was for limited purposes like for furniture work etc. or absolute in terms of the agreement.

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Answered on 3/13/08, 8:48 am

Re: Obligations for non-occupancy certificate flat

your right accrue from the date of getting occuancy.The bond is illegal as the same was under force.Approach the court and consumer forum.

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Answered on 3/13/08, 11:07 am
Vivek Mapara Vivek N. Mapara

Re: Obligations for non-occupancy certificate flat

Builder has no right to disconnect your electricity or water connections.

Please refer to your building bye-laws.

You should also move to consumer court, for compensation, against builder, for giving you so late possession of the flat.

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Answered on 3/13/08, 1:08 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Obligations for non-occupancy certificate flat

Move a complaint in Consumer court alongwith a interim stating a stay against builder.

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Answered on 3/13/08, 2:35 pm


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