Pavan kumar Ravikanti (SE) 06 April 2014

Builder denying oc & further steps

Hi -

Need your expert advise on this. We have already taking possession of the flat and started staying however, my builder is not interested to obtain OC from concerned authorities because of deviation(which was not informed to us during sale) and he claims will regularize it when Akrama sakrama comes into picture. Now, hes telling we will get B Khata.

We are planning to file a case in Consumer forum however, need your advise whether it is the right approach or will it impact owners negatively in any way because we started living in the flat with out OC.

If we file a complaint, does the court question owners for taking occupation or builder for not getting OC.

Please guide us.

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 April 2014

Consumer court orders the builder to arrange to issue OC. Otherwise builder has to pay damages to the owner for loss of absence of OC. absence of OC, the owner may be in trouble from the municipal authorities. they can demolish the property at any time, since OC is not there and other amenities also may not provided by the authroties. So these are the losses to the owner. File a complaint in consumer forum at early.First send a legal notice.

1 Like

uphar upadhyaya (na) 06 April 2014

First give a legal notice,then move

uphar upadhyaya (na) 06 April 2014

firstly read carefully your agreement if any, then give legal notice. authoreties can not do it alone, builder is also a part. so always mix builder with your matter

1 Like

Advocate Bhartesh goyal (advocate) 06 April 2014

I do endorce the opinion of shri ramacharyy.

1 Like

T. Kalaiselvan, Advocate (Advocate) 07 April 2014

It is always better to obtain OC at the earliest possible, for this the builder has to be drawn to a court of law either civil court of consumer court. Why wait until Akrama sakrama or accept B khatha, when you are not at fault. Have you not verified the plan whether it was approved or not and whether if the building construction had any deviation? Do not let go the builder just like that, he is responsible to procure OC for you, he has to arrange for that. Send him a legal notice demanding your requirement as per the conditions of sale and in case of failure on his art drag him to the court.

2 Like

Pavan kumar Ravikanti (SE) 08 April 2014

Thank you so much for your replies. We(in the society) are discussing this matter. Plan is approved by BMIC(Bangalore Mysore Infrastructure Corrider) however due to deviation of the approved plan(>5%) builder is denying OC and he claims will regularize during Akrama Sakrama.

Our concern is if we file a consumer case, do you think court may also inform municipal authorities and do we need to face any problems from municipal authorities? or they will not create any problems since we already filed a case against builder? Please advise.