A builder sells flats to buyers and gives them soft possession only to carry out interior work. In the said soft possession document, the builder clearly spells out that buyers could not occupy the said flats unless OC is received from PMC.
However when the buyers pressurized him, he informed them orally that they could occupy the said flats on a presumption that the builder has applied for the OC, but the delay is from PMC and that since the PMC has failed to grant the OC within the stipulated time after application, it is deemed that the OC has been granted. However he refuses to give anything I writing.
Many buyers decided to move in and presently the occupation in the said towers is around 85%. There have been numerous meetings with the builder and the builder keeps on promising that he would get the OC very soon, but has failed to provide the same since 4-5 years.
on the other hand the builder is harassing the buyers to pay maintenance and has been increasing the maintenance annually..
my query is, whether the buyers should pay the maintenance even when the builder has not given possession of the said flats and has yet given the OC, thereby making it very difficult for buyers to resell their flats as no prospective buyer is willing to buy the flats without an OC.
