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Without occupancy certificate, can we move in to flat?

(Querist) 08 September 2013 This query is : Resolved 
Dear Sir,

I have booked and registered a flat @ bangalore.Now flat is ready to Occupy and we are asking for OC from builder, but he saying that we are not told we will provide Occupancy certificate.

Builder is constructed 4th floor (2 pent houses)which is not approved (Approved only G+3 floors).

My Questions are:
1) Without OC can we move in?
2) Builder has to give OC after completion of building- This is each builder responsibility, Is it required before booking we need to ask/agreed with builder?
3) Now, how how they will provide OC?
4) Without OC we can sell the property?
5) After constructing 4th floor, still all banks sanctioning the loans for newly booked people (within G+3 floor). Why banks are not checking the 4th floor?

Requesting you to all please provide solutions...Thanks in Advances.

Regards,
Gangadhar T
Devajyoti Barman (Expert) 08 September 2013
1. Yes, absolutely
2. Not necessary.
3.File consumer case.
4.yes, always.
5.If plan is sanctioned then what is the need?
ajay sethi (Expert) 08 September 2013
it is the builder responsibility to obtain Occupation certificate from muncipial corporation . dont move into the flat without OC .

if builder has failed to obtain OC it is deficiency in service of builder . you can move consumer forum against the builder for deficiency in service

you can sell the flat without OC . generally buyers insist that building should have OC . banks are reluctant to sanction loans for purchase of flat without OC
Rajendra K Goyal (Expert) 08 September 2013
Agree with the expert ajay sethi ji, nothing more to add.
R.K Nanda (Expert) 08 September 2013
agree with experts.
Raj Kumar Makkad (Expert) 09 September 2013
I have also similar opinion.


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