Regarding oc after deed of conveyance

Sony (Querist) 10 June 2014 This query is : Resolved
I own a flat ... Got possession in 2008 and also got possession letter same day . My property is registered also . It's a deed of conveyance . And we thought all papers are ok.
few days back we applied for home renovation loan ... And was told they need maps .. Approved maps .. By authority ... We came to know that certificate of occupancy is missing and when asked... Builder representative replied .. He need 50000/- for that ... Without any receipt or record ...
what to do now can anyone suggest plz ... Help me as I tried to learn there is Punjab apartment act 1995 which says it is necessary to give OC before possession ...

plz hepl in this regard

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Raj Kumar Makkad (Expert) 10 June 2014
Go to consumer forum as this is the responsibility of the builder to obtain OC from the concerned authorities without which he cannot offer the possession to the allottees.

Sankaranarayanan (Expert) 10 June 2014
Consult local lawyer and send legal notice to the builder and then file case in the appropriate district consumer forum

Guest (Expert) 10 June 2014
Well advised by Mr.Rajkumar Makkad and you could serve a Legal Notice giving sufficient time of 15 days before proceeding.

Devajyoti Barman (Expert) 10 June 2014
yes, it is a fit case for consumer forum.

Rajendra K Goyal (Expert) 11 June 2014
Agree with the advise of the expert raj kumar makkad ji.

ajay sethi (Expert) 11 June 2014
move consumer forum against the builder for OC as advised by experts

malipeddi jaggarao (Expert) 11 June 2014
Follow the advice Shri Rajkumar Makkadji.

R.K Nanda (Expert) 11 June 2014
agree with experts.

T. Kalaiselvan, Advocate (Expert) 14 June 2014
Yes, a case against the builder before the local district consumer forum seeking to procure and issue the Occupation certificate as well as the cost for the damages caused may be filed for remedy.

Sony (Querist) 14 June 2014
Is OC is not given to allotted. They are saying they have OC ... But it's right of builder to hold it ...
Please tell what is right

Raj Kumar Makkad (Expert) 14 June 2014
Occupancy certificate is meant for builder only and it is not given to allottees rather its zerox can be obtained from the builder.

Guest (Expert) 14 June 2014
Well advised by Mr.Rajkumar Makkad.You could also confirm the same with concerned Authority regarding OC thro RTI and then apply for copy of the same.Though the entire process of obtaining the OC would take maximum of 45 days it would be cost effective than approaching the builder who demands a huge sum and by approaching the consumer forum you will have to bear legal expenses and it is more time consuming also.

Hemant Agarwal (Expert) 23 June 2015
1. File a criminal complaint against the builder and his representative under IPC u/s 383 (extortion) and u/s 415 (cheating). This will magically & permanently set right most of the things for you as well as your other co-owners.

2. ADDITIONALLY, (as advised above) file a case before the local Consumer Court, against the builder, for harassment and negligence and claim damages and relevant compensation.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar

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