Can BMC refuse Occupation certificate
Tipsy
(Querist) 09 March 2010
This query is : Resolved
Reg– Strong objection to Commencement Certifiate for 27 Storey flats at Manisha
Gardens Mulund East & refusal of Occupation certificate
Dear Sirs,
By an allotment letter dated 23rd August 1988 M/s.Vikas Builders agreed to allot me a flat of 900 sq ft at a lump sum price of Rs 2,25,000/-
The said Vikas Builders promised to enter in to regular agreement but failed to do so on the excuse that the plans are yet to be sanctioned by the Bombay Municipal corporation.
It appears that Vikas Builders entered in to development agreement on 24th January 2006 with one Shri Govind Naidu Proprietor of Manisha Developers keeping various purchasers in dark. As per the development agreement various rights were given by the said Vikas Builders in favour of the said Govind Naidu.
When I learned about the said Development agreement and subsequent sanctioning of the plan by the Bombay Municipal Corporation I filed a suit in the High Court being suit No 1178 of 2008 against both Vikas builders and Govind Naidu. The said suit is still pending
It appears that the building is about to be ready . It appears that the defendants are commiting breach of the promise given to me and various purchasers regarding the allotment of flats in the said construction in spite of our having paid them part payment
I have therefore to request you not to grant builders completion or occupation certificates till they allot flat to us as per the allotment letter dated 23rd August 1988
Raj Kumar Makkad
(Expert) 09 March 2010
Who are we to grant completion or occupation certificates to the builders of your case??????
What is your quarry friend?
nishad
(Expert) 09 March 2010
My dear friend...this is just a forum to discuss various legal matters like the one you have...
Please add this prayer in the plaint for the competent court to take a decision on this..
Legal Eagle
(Expert) 10 March 2010
Would advise you ask your Advocate to expedite the matter.
Check what has been written in the suit.
It now depends on your advocate to stay the sale of the premises to third party.
We have no right to stay any proceedings or pass orders. We are only to assist people as far as we can.
Tipsy
(Querist) 10 March 2010
Thanks Kashmira Madam
Kumar Thadhani
(Expert) 11 March 2010
Try to expedite this matter with your lawyer and ask to add this allged ground of youe builder and developer and prayfor it.
