Can an individual flat owner file a case for the procurement of oc
jayakumar
(Querist) 13 July 2016
This query is : Resolved
Greetings,
Would Like to Know if whether an Individual(flat owner) can file a case in the consumer court for the Procurement of Occuaption Certificate?
The Society Managing committee has never been interested in filing a case agaisnt the builder for the procuremnt of the OC for the last 20 years.
The individual hence tired wants to fight for his rights and wants to file a case for the procurement of the OC that has not been granted to the building for the past 20 years.
If yes? then please state an example of such a case where the individual flat owner can file a case against the builder as the Judge has asked for the same.
Also please note the society committee and the society at large is not willing to file a case against the builder .and hence the individual wants to fight for his own right.
R.K Nanda
(Expert) 13 July 2016
U can file but chances of success is not high.
R.K Nanda
(Expert) 13 July 2016
Citations not supplied.
R.K Nanda
(Expert) 13 July 2016
Citations not supplied.
Devajyoti Barman
(Expert) 13 July 2016
No need to take society along to file case in consumer forum.
The individual flat owner like you can file case beofre the consume forum.
Advocate Bhartesh goyal
(Expert) 13 July 2016
An individual (flat owner ) can file complaint against builder before Consumer Forum.You have continuing cause of action against builder to file case so objection regarding delay is not sustainable.
rajeev sharma
(Expert) 13 July 2016
Being a member of the society does not curtail your individual rights. You may file complaint
Kumar Doab
(Expert) 13 July 2016
You can benefit from advise of experts.
Rajendra K Goyal
(Expert) 15 July 2016
You may lodge complaint with the consumer forum.
Examples / Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
Hemant Agarwal
(Expert) 19 September 2017
1. An "individual" is who is a "affected party" can certainly file grievance petition before the Consumer Court, Criminal Courts and other courts, for relief in the matter, by involving all the parties.
2. U/s 73(1AB) of the MCS Act, read with rules and further read with the Society bye-laws, the Society office-bearers, can be expressly said to have acted negligently with deficiency.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
