seeking advice flat possession before compeltion c
i booked a flat in greater noida west, as per payment term, last 5% payment is to be paid on possession. but the builder has sent me the demand letter without obtaining completion certificate from the Greater Noida Authority, I have requested the builder to clarify/confirm whether it is legally correct to raise demand without obtaining completion certificate and also to clarify whether possession can be given prior to issue of completion certificate (CC).
Builder has clarified that they have applied for CC to the authority last month and CC is expected in 2-3 months, however possession can be given before CC. So the builder has insisted to pay the demand raised now.
Seek advice from the group members whether Builder can demand payment which is due on possession without obtaining CC and whether builder can give possession without CC. what action I can take if builder stand is not correct?
Builder has clarified that they have applied for CC to the authority last month and CC is expected in 2-3 months, however possession can be given before CC. So the builder has insisted to pay the demand raised now.
Seek advice from the group members whether Builder can demand payment which is due on possession without obtaining CC and whether builder can give possession without CC. what action I can take if builder stand is not correct?
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As per regulations applicable to Mumbai (Development Control Regulations) what is required is an Occupation Certificate ( OC) and not a Completion Certificate as mentioned in the query. The OC is a certificate issued by the MCGM to certify that the building is ready for occupation and a flat buyer can be issued a possession certificate by the builder only after the OC is received. The buyer can take possession and start living in the flat only after the OC is issued. However, in practice many builders do allow buyers to occupy the flats before the OC. But, there are instances where MCGM has issued notices to flat buyers who have started staying in the flats before the building has been given OC. But then, possession is half the title. You will have to take a call on what will serve your purpose; after all you have with you only 5% of the purchase price. If I were you, I will take a possession letter from the builder and occupy the flat after paying the builder.
Sep 07
Any and all Building and construction Projects are WELL COVERED in the NEW LAW of the real Estate. Members and Society at large - more specifically Buyers at Maharashtra are advised to Lodge the Police Complaint to the nearby Police Station of their relevant Area. To add a feather and additional Resource the Maharashtra Police had released Circular to that effect stating Any and all Complaints for delay and denial - FIR to be lodged / Registered Immediately. Should any Members of this circle and Society at large required any further help and assistance - feel free to contact.
Sep 04
I am happy that Mr.Uday has come with the legal issues.I am sure for financing purposes the land needs to be registered in the name of buyer,and buyer enters an agreement with the builder for his flat construction. If this is what Indian legal system says,then the buyer is an established owner and there is a defects liability period. Only open the eyes and see if water and electricity are connected.And some people have taken possession.
Sep 03
Dear friends, I beg to differ with Mr. Prakash C BARUA, due to the very fact that the sale deed is a contract wherein the terms are well laid down. \ Unless the Final Payment is made which is obligatory on your part, Builder/developer will not and is not entitle to comply his part. Even in our day to day transactions we observe that Except the credit terms - Expressed or Implied - all transactions are against the Payment. Hence once again advisable to keep aside all these hassles and rake the possession Immediately. Pl. keep in mins that " The bird in hand is better two in the net."
Sep 03
Completion Certificate (C.C) is given after completion of the sanctioned building without violations with all services like; water supply, sewer lines, lift in case of a high rise building (more than ground + three floors), etc, are ready and is in a stage to occupy. It is definitely not correct to raise demand for balance payment from buyers without obtaining C.C. The procedure for issue of Completion Certificate is that the builder has to make an application to the sanctioning authority to issue Completion Certificate as the building sanctioned has been constructed in all respects. It is risk to make balance payment without Completion Certificate. If there are violations in the building constructed, the agency is free to demolish the violated portions. The electricity authority may not sanction power, and the water supply and sewerage authority may not give water connection, if copy of Completion Certificate is not produced to them. _____________________ Dr. A. S. Kodanda Pani, Urban Planner & Civic Analyst
Sep 03
