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Mr. Majumdar (Service)     12 March 2013

Occupancy certificate & mutation

I purchased a flat from the Developer cum onstituted Power of Attorney in December,2009 , when the deed of conveyance was executed. Bank loan was sanctioned for p[rocurement of the flat. The Developer made some rooms (unauthorised constructions) in the parking space, and alloted the same to few families for habitation, in violation of the orginal sanctioned plan. They have got electricity connection also and pay bills regularly much like other consumers. Moreover, he constructed one toilet in the service area for those families. He did not construct the underground water reservoir which was shown in the original plan. Three years have ealapsed, we (all the legal flat owners) have not got copy of the Occupancy Certificate as the landowner did not apply for the same. The landowner can sign her name and works as a maid servant. According to the Registered  Power of Attorney, the landowner (land lady) did not vest the power in her Attorneys (Developer) for applying and obtaining Completion/ Occupancy Certificate. The provision assignment of power to POA in the matter of applying/obtaining Completion Certificate/Occupancy Certificate has been penned through in that registered POA, and got signed by the landowner for authentication of such corrections!  As per the statement recorded in the deed of conveyance the building was COMPLETED in accrodance with the sanctioned plan, and the vendor would cooperate with the owners to get their names mutated in the concerned Municipality. Nothing has come out fruitful despite several requests. We, the flat owners,  eagerly want to mutate our names in the comcerned Municipality. Some of uswish to resale their flats, but could not do so because of such Occupancy Certificate and mutation problems! Now, what to do? 



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 2 Replies

Advocate M.Bhadra   12 March 2013

You can file a case in Consumer Forum/Consumer Commission against the Promoter/Builder and Land owner for deficiency of service.You can also file a Suit for Specific Performance of Contract in Civil Court.But best option is Consumer Forum.

1 Like

Mr. Majumdar (Service)     12 March 2013

The case cannot be taken up with Consumer Forum as it is more than two years since we took possession of the flats. We got possession in Dec.2009.


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