1. If you have taken possession of same builder can ask.for maintenance amount if not you are not liable further you can issue legal notice to complete the work if there is delay in work or further  fails complete work consumer complaint can be filed.

If there is change in plans approved deny paying same if no prior permission is obtained for same.

File a consumer complaint against builder and recover the cost.

Donot take possession without proper.amenities and registration and demand from the builder.damages.

Possession cannot be taken without OC

If builder is delaying OC and completion of amenities then you can file RERA complaint 

Also complain about non registration of project with Rera 

builder can offer you possession of flat only after issue of OC 

2) only far registered sale deed is executed in your favour do you becom abolsute owner of flat 

3) no need to pay maintenance as no sale deed executed on your favour 

4) file complaint against builder before RERA seek order to execute regs sale deed obtain OC of building 

5) don’t take possession of flat without registry . Insis t on OC then take possession of flat 

if there is no occupation certificate you don't have to take possession or pay any maintenance to anyone. All the overheads will be taken care by builder. Taking possession without oc is illegal.

Without occupation certificate flat is not in your possession, so without possession you are not liable to pay maintenance

Issue legal notice to builder for not giving promised amenities

If making major changes and not completing pending work you can complaint under RERA

Don't complete it on your own, you can  complaint  to consumer cell

Don't take possession without registry and OC

No need to pay maintenance fees till you take possession legally.  

If builder delaying you can send a legal notice through an lawyer and file a complaint in district consumer forum and claim compensation under deficiency of service. 

Builder can't legally offer possession without obtaining OC and CC. Pls refer to the Karnataka Apartments Act for more clarity on this. Since, maintenance can be levied from you only once you are legally handed over the possession, the builder not having obtained OC and CC, you are not mandated to pay maintenance and any demand seeking payment there of is illegal.

Drag the builder to RERA after issuing him a legal notice.

Let me know in case I can be of any further assistance to you

Dear Sir,

The payment of maintenance depends upon the terms of sale agreement and sale deed. The law is as follows.

PURCHASE APARTMENT WITHOUT O.C

Dear Sir,

You may purchase it, because of following reasons, there will be no risk. Believe me.

According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.

Living in a flat without occupancy certificate? You may lose power

BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.

The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.

In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.

Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.

Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartmnt builders, by disconnecting power.

But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.

There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.

BOOM FUELLED GRAFT

So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."

The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.

Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.

Architect G Ramesh says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.

ISSUE NEEDS A RELOOK

A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. A mandatory no-objection certificate issued by the local development and municipal authorities, the completion certificate of any building in Karnataka proves that the building has been approved by the Bangalore Development Authority, as per the stipulations in the Karnataka Town and Planning Act (1961) and the Bangalore Development Authority Act (1976).

Contents of a Completion Certificate

The certificate should contain all the required details, including the identification of the land, the location, if the building has met all the standards of safety and regulation, the distance from the road, distance from surrounding buildings, height and other criteria set by the Municipal authorities, along with the building plan. In short, the completion certificate guarantees that the building has not violated any rule in that locality. The Apartment Ownership Acts in various states in India make it compulsory for an owner or builder to possess a completion certificate, in order to avail of basic amenities like water and electricity.

In case of a builder or a developer, it is mandatory that they give a copy of the completion certificate to a person purchasing the house.

How is a completion certificate awarded?

Once the project is completed, the local authority inspects the premise on the basis of the building plan and awards the completion certificate, provided it is satisfied. The builder then applies to the departments yet again along with a copy of the completion certificate to get water, electricity connection and other basic amenities for the project.

Provisional and final completion certificates

A provisional or temporary completion is usually awarded to a builder if they want to hand over an apartment to residents but still have pending work to complete, such as finishing construction of amenities like the club house or painting. The provisional certificate expires after six months and should be followed by the builder applying for the final completion certificate.

Why is it important to have a final completion certificate?

A final completion certificate is awarded after the construction of a house is complete or if a group housing or apartment society is formed. It is a mandatory legal testimony to the fact that the builder has not violated any building rules and standards such as the floor area ratio limit, structural design, distance from road, quality of construction, distance from surrounding buildings, height of the building, number of floors and other criteria, along with an attested and approved building plan. This certificate is needed for an apartment or building to receive basic facilities such as electricity and water. In fact, the water rate is converted from non-domestic to domestic only after receiving a completion certificate. A buyer should not get possession of a house or building without a completion certificate, which also sets into motion other compulsories such as the payment of property tax and housing loans.

What if a completion certificate is not awarded?

If the developer has not been awarded a certificate of completion, buyers can either approach the local municipal authorities to award the completion certificate or can form a resident’s welfare association to speed up the process. In case new properties operate without completion certificates, residents are threatened to be evicted and the city engineering department will penalise the properties for not paying property tax.

Many people are unaware that a completion certificate is crucial to procure, before finishing payment of a final instalment in terms of purchasing a property. Builders tend to persuade hapless people into buying a property without possessing the appropriate legal documents. Hence, it is important to press for the builder to acquire a completion certificate, before releasing the final payment to the same. A completion certificate is also required to ensure that safety norms such as codes in the case of fires, accidents and other criteria are met.

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Popular methods of calculating Maintenance charges

There are two common ways in which each housing society can decide the service charges for each member. The society is free to choose the design that suits their respective needs. The two popular methods used to calculate maintenance charges are:

Flat Wise: Flat wise service charge module calculates sum or total maintenance charge to be incurred by the society and divides equally among all flat owners irrespective of the size of the flat. This method brings a sense of fairness to each flat owner and society resident. This method is best adopted in housing societies where each flat is of the same size.

Area Wise: Under the Area Wise maintenance charge method, the total costs incurred by the society are charged according to the area in terms of per square feet owned by each member. The common areas are divided equally using a fixed rate while flats are calculated depending on the size of the apartment. For example, If acrate is Rs. 2/sqt then for 1000 sqft flats it is Rs 2000/per month and for 1500 sqft flat it is Rs 3000/per month.

Understanding Maintenance Charge Calculations

Housing societies have the option of charging their maintenance charges in either per square feet or per flat basis. Regulations in most states are not clear, but the model bye-laws of MOFA provide a simple solution. As per the Act, each housing society must follow a combination of per sq ft and per flat for various heads. There are however some exceptions as Co-operative Housing Socities (CHS) are not allowed to levy maintenance charges based on the area of flat of members under MOFA. This was clearly mentioned in the judgment following a writ Petition of Venus CHS Ltd and another, when the cooperative housing society wanted to switched from flat-wise monthly charges to area-wise monthly charges.

01. No need to pay maintenance as that property not belongs to you untill you register.

02. Builder not completing amenities means you can go for Consumer court

03. Once you do registration, share the expenses along with other owners

04. refer 02

05. with your own risk, you can takeover

06. dont register means, property not belongs to you.

You are  not liable to pay maintenance till you take possession of flat 

2) you should get sale deed registered at the earliest 

3) contact a local lawyer 

You can register the property and can approach the consumer court yourself for recover damages from the builder for deficiency in service and delay in OC.

If you have taken loan from Bank then perhaps no. Your contract with Bank is independent of your contract with the builder unless specifically mentioned. You need to find remedy elsewhere. Consumer complaints court is the best place for this. Fast efficient and cheap. 

Register your agreement with builder

You are not liable to pay maintenance if OC is not received and possession not offered

Complain to Rera

You need not pay the ,maintenance if the possession has not been handed over.

You can send the legal notice to the builder on the incomplete corks and then drag him to the consumer forum for relief and remedy.

Since you have not occupied the flat, you dont share any such burden so soon.

Let them do that, you dont get involved in it until you get the solutions from the builder properly and legally.

You only have to decide about it, but you will be losing your legal grounds to fight against the builder if you take possession without registration or OC.

As OC is not delivered nor I register the flat, but ARWA is formed and builder is deafulted in many commitments.


- ARWA is formed for the society and demanding maintenance as well as to contribute in other charges. Am i leagally binf to pay the money ?

Without being in physical possession or the registration is being done on your name, you can refuse to pay the maitenance.

Peoples who are currently occupied (90% flats are occupied from 39 and it has one commercial property) is not in favour of making case or complaint builder.


- What shall I do, if I don't do registry of my house and cont. to pay EMI I am loosing rental money.

You issue a legal notice to the builder to rectify all the faults and handover possession along with OC and get it registered in your favor, failing to receive a reply or compliance you may drag the builder to the consumer forum and initiate proper actions as per law.

You must have registered sale deed in your favour to confer clear and marketable title to property 

2) however builder can deliver possession only after OC is issued 

3) in alternative cancel your booking seek refund your money paid by you with interest as builder has failed to provide amenities and OC 

4) if construction is not as per sanctioned plans it can be demolished 

No but if you have taken possession theb being a party to illegal act you need to take part. Court will give decision. In favor of owners as its illegal to occupy flats without oc

See since there is agreement you should get flat registered and pay for charges then the association can file for recovering same amount from the builder.

2.They can pass such order.

3. See the amount has to be paid even court without that deny to interfere.