Not giving occupancy certificate

Ravikumar v (Querist) 16 April 2013 This query is : Resolved
Hi,

Recently i committed to buy apartment in bangalore. my question is below

BBMP approved plan is Stilt+Ground+3 floors = 36 houses. Each floor having 12 houses. That means ground floor should't have houses right ? but that apartment is having 48 houses. we are in 4th floor, we are not sure whether it is under BBMP plan, when i ask builder , he said like it is approved plan and convincing me saying ground floor also can have houses.

moreover , i have paid 20% of amount, i got sales agreement.Now i applied for loan,bank is asking for occupancy certificate and builder is not going to provide as it is having 17% deviation.

now by seeing all these problems . my mind changed and i dont want to buy.Thinking to ask back my money from builder.Once sales agreement done, i should buy that apprtment or can i ask back my money. if he say NO to give money, is there any legal way i can get that money ?

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V R SHROFF (Expert) 16 April 2013
You will have to file civil suit for cancellation of Registered Agreement and refund of your money.
Grd floor +3=4X12=48 is correct,
So grd floor can have houses.

Raj Kumar Makkad (Expert) 16 April 2013
This is your repeated query whereas earlier has already been replied.

Ravikumar v (Querist) 16 April 2013
Hi ,
Thanks for your answers.

I have few more questions..please answer.

builder is not going to give occupancy certificate due to deviations in construction.

Q1) if i go ahead and get registration, and when i plan to sell that , OC is mandatory for selling ?
Q2) I am taking NRI home loan. can i transfer to new buyer when sell that flat?
Q3) In reality almost 70-80% of apartments doesn't have OC. what is the worst case , will there demolish the building ?
Q4) Is there any chance to get OC for deviated construction apartment( in my case its 17% deviation)

appreciate you help.

ajay sethi (Expert) 16 April 2013
if your building dosent have OC then no bank will sanction loans . you pay more for water and other municipal services .

file complaint against builder before consumer forum for deficiency in service and to obtain OC . it is builder job to get OC

Ravikumar v (Querist) 16 April 2013
Is it safe to buy an apartment without Occupancy Certificate?

Shashikant V. Patil (Expert) 16 April 2013
It is legal and safe to have a Occupancy Certificate.

ajay sethi (Expert) 16 April 2013
no don't buy flat in a building which dosent have OC

Ravikumar v (Querist) 16 April 2013
Thanks to all...for your valuable suggestions.

As mentioned earlier, we have paid 20% of amount as advance and started doing wood work to our apartment.

Now we dont want to take a risk by buying the flat with out OC.

Can we get the money what ever we have paid (20%) and wood work amount from the builder?

Please help us in this regard.

Ravikumar v (Querist) 16 April 2013
Thanks to all...for your valuable suggestions.

As mentioned earlier, we have paid 20% of amount as advance and started doing wood work to our apartment.

Now we dont want to take a risk by buying the flat with out OC.

Can we get the money what ever we have paid (20%) and wood work amount from the builder?

what is the legal procedure to get the amount back from the builder?

Please help us in this regard.

ajay sethi (Expert) 16 April 2013
no builder will give you possession of flat only on paying 20%of amount . you are not mentioning complete facts of the case

how can builder give you possession of flat without being given OC by municipal corporation . you should contact a local lawyer move consumer for necessary reliefs . ask builder to obtain OC from corporation .

Ravikumar v (Querist) 16 April 2013
The details are as below

We have taken a flat which comes under land owner share and we have approached HDFC bank for remaining 80% amount (Housing loan).

In the mean while we have started wood work to our apartment with the permission of the owner.

Now We dont want to take that flat as they are not providing us OC.

Now the question is ...can we get back the amt 20% which we have paid as advance and the amount which we spent on wood work?

Adv k . mahesh (Expert) 17 April 2013
sell the flat if he is not returning the amount to you or file a case as said above

M V Gupta (Expert) 17 April 2013
From the facts stated by you, it is observed that the builder has constructed 4 floors with 48 flats when he obtained plans approved for 36 flats and three floors above the Stilts and the ground floor. U need to to verify the approved plans from the builders office specifically to verify whether the fourth floor is approved.. Ask him for inspections of the plans.If he does not allow, then you can approach the MC with RTI query regading approval for the 4th floor. If it is found that the 4th floor where u have purchased the flat is illegal, u can demand for cancellation of the agreement and refund of the advance paid by you. OC is must to get the loan. In case he does not refund, file complaint in the consumer forum.

R.K Nanda (Expert) 18 April 2013
no more to add.

Advocate Ravinder (Expert) 19 April 2013
As Mr. Shroff had said a civil case has to be filed for cancellation of registered agreement. But to my knowledge, instead of filing civil suit, a consumer case has to be filed where we can ask all the reliefs altogether and it will be cheaper. Relating to bank loan is concerned, OC is must. The other option is that the Builder/residents association has to file application before Municipal authorities to regularize the irregularities and deviations. once it is regularized, then you can avail loan.

Ravikumar v (Querist) 03 May 2013
Finally my builder accepted to give back my money i paid for apartment.He said he will be transferring money to my account and he is not asking sales agreement. Is there anything i need to follow legal procedure to cancel the purchase/sales agreement or just giving back the sales agreement to builder is good enough ? Appreciate your response.

Thanks for all your previous replies...

ajay sethi (Expert) 03 May 2013
has the builder addressed any letter to you agreeing to refund 20%paid by you . accept money by cheque only . wait for written communication from builder

Ravikumar v (Querist) 03 May 2013
I will ask for the letter for canceling the agreement.He already transfered money(online transfer) to my account.will there be any issues ??

M V Gupta (Expert) 03 May 2013
A memorandum of cancellation of the agreement should be got signed by both the parties in which it should be mentioned that the AFS has been cancelled by mutual consent and that there are no claims on either side and that if any the same are discharged by the said memorandum. If the AFS was registered, the memorandum should also be got registered.

Not giving occupancy certificate

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