Dear learned friends,
I purchased a flat in Dec. 2009 from a Developer. As per the sanctioned building plan, Sale Agreement (unregistered) and Sale Deed (registered) all the owners have right to avail of the benefit of underground water tank and water supply from public utility service. This comes under common areas and facilities of the building. Unfortunately, the Developer did not construct any such water tank. It has been recorded in the Sale deed that the building was constructed in accordance with the sanctioned plan! Pursuant to the registered Power of Attorney granted to the Developer the land owner has not granted power to the POA for obtaining Occupancy Certificate. Land owner has not even applied for the Occupancy Certificate even after about five years of sanction of plan (April,2008). In this situation, can we seek legal justice against the acts of land owner/ Developer for not providing us copy of Occupancy Certificate for mutation, and for not making arrangement for municipal water supply in the building? Pls help.
Kind regards.