Legal Question in Real Estate Law in India

Regarding Occupancy Certificate, Koparkhairane, Gaothan Property

I have purchased a flat in the month of May 2008 with a home loan from Ing Vysya. Now I just want to learn few things here:

The property is yet to get the OC (Occupancy Certificate). The builder provided the water thru private tankers. He asked me to pay for this when we finalise the maintenence right after we get the OC. Electric Meters have been set for each flat. Some few pipeline leakage are still there. He is giving excuses and I want to teach him a lesson going forward with legal authorities. I reside in Koparkhairane Area of Navi Mumbai.

Please let me know the IPL which protects the owners who get the legal possession without the OC here in Navi Mumbai. I do have the original possession letter with the builder's signature. The nature of the property is ''Gaothan'' and the paper work is clear. I have heard that untill and unless we get the OC for the property we don't need to pay anything for the Water Charges and the Electricity.

The builder told me that there is no such law.

Please advise Sir.

I would appreciate if you can provide the contact details / email addresses of cosumer protection department of navi mumbai as well as the OC Department here.

bankingaffairs(AT)yahoo(DOT)com

+91-9833030361


Asked on 7/29/08, 6:51 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Regarding Occupancy Certificate, Koparkhairane, Gaothan Property

Under the Maharashtra Ownership Flats Act, a Promoter is required to deliver possession of flat/unit to the purchaser thereof only after obtaining Completion or Occupation Certificate.

What you mean by IPL is not understood.

Kindly check your agreement and writing at the time of delivery of possession with regards to payment of maintenance charges.

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Answered on 7/30/08, 2:46 am


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