Response

The builder can only issue offer of possession only after obtaining either occupancy or completion certificate from the concerned authority. if the builder has issued an offer of possession without OC or CC then this act of bulder is not legal. you can contact or send a letter to the builder for sending you the copy of occupancy or completion certificate. if the builder failed to submit these certificate then you can file a petition against your builder for possession along with delay period interest or refund your money including intrest if project is not ready for possession.

ÒSection 3 (2) (i) of Maharashtra Ownership of Flats Act, 1963, prohibits a builder from inducting any person without completion certificate into the flats and also prohibits the buyer from entering into possession of such flat without Occupancy Certificate or the Completion Certificate,Ó

It should be noted that there is no penalty for delay in procuring OC as long as the declared time frame for delivery is met, states Rohit Poddar, Managing Director (MD), Poddar Housing and Development Ltd. If there is a delay beyond the contracted timeframe then the developer has to pay the customer interest for the delayed period. Shah adds that a consumer complaint can also be filed against the builder for Ôdeficiency in serviceÕ as defined under the Consumer Protection Act, 1986.

Reference: ÒSection 3 (2) (i) of Maharashtra Ownership of Flats Act, 1963, prohibits a builder from inducting any person without completion certificate into the flats and also prohibits the buyer from entering into possession of such flat without Occupancy Certificate or the Completion Certificate,Ó

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