1) builder cannot deliver possession to flat owners unless OC is issued

2) OC is issued only if building has been completed as per sanctioned plans

3) flat owners should not have taken possession of flat without OC

4)since flat owners have occupied flat without building completion certificate/ OC filing writ petition with the builder would not be feasible proposition .

5) HC would not grant any reliefs to flat owners

6)instead file complaint against builder before consumer forum seek orders to direct builder to obtain CC/OC from the authorities, provide amenities as promised

1. One who goes to the court has to go with clean hands and he also has to prove his locus standi. Your writ petition may not be admitted by the court if you file the writ before obtaining CC. First obtain CC and then only file the writ.

2. You may also file a suit for mandatory injunction in the competent civil court instead of filing a writ petition.

1. CC is not compulsory to occupy a flat and hence there is nothing illegality in doing this.

2. For not setting a proper transformer you can file case beofre the consumer forum.

3. Filing of writ petition would give you speedy remedy but for this you will have to apply for this and if the elctrcit supply does not set up the same then you can file writ petition.But agaisnt the question of bearing costs will arise.

4. So I think consumer forum will give you proper remedy but this would take sometime.

1) association can represent only its registered members

2) the one that is registered first and represents majority of members would be representative of its members

3) association should be registered under the cooperative societies act of your state

1. The owners should not have occupied the flats with OC or CC from the authorities concerned.

2. It is the responsibility of the builder to procure OC/CC, electricity connection, water supply and also other amenities required or habitation.

How can a flat owner or the association file a writ petition when the responsible person failed to obtain the electricity connection from the authorities concerned by following the norms or rules meant for it.

He has to obtain OC or CC after completion of the construction properly in all respects. Thus it becomes his duty abide by law and obtain all the service connection, he cannot take shelter under the umbrella of flat owners or association to evade his responsibility. The association has no authority to seek direction through a writ petition if the fault lies on the builder

Need your expert advise soon.

It is the responsibility of the builder to provide the amenities as per agreement conditions. He cannot rope in the innocent flat owners or even the unregistered association for filing a writ petition.

In fact the writ petition is not maintainable if the fault lies on the builder.

You may analyse the situation and decide about supporting the builder's views on this or not

1.Whether the Association can legally represent all or only can represent only it's registered members?

An association can represent and work only for its members.

Does the Association can negotiate with the builder for ALL, though more than 50% of owners , ( both booked and took possession ) ,are not memberes.

If the other owners who are yet to become members of the association may get themselves registered as members and can get their cases also represented, and not until then. The association is not responsible for non-members.

2. If some one starts another Association after this Association is registered , which one will be legally the correct Association?

A) The one that was registered first?

B) or the one with majority members?

There can be two associations also with divided common areas if both are registered bodies.

It depends on the majority' decision to continue with one association or the other.

3.in which act the owners Association has to be registered in Tamilnadu ?- under societies act or under Apartment act?

It can be registered under The Tamil Nadu Apartment Ownership Act, 1994