• Possession of flat

Hi, I had booked my flat with Kalpataru in 2009. They have still not given me possession. I want to following 
1. Arrest or Kalpataru chairman for the fraud done by Kalpataru.

2.they insisted on taking possession but i have refused as they had not obtained OC. They have still not got OC.

3. Kalpataru has very conveniently ignoring all my pelas.

4.They have also infirmed society that I have deliberately not taking possession. Society on their part is charging maintenance which is illegal .

5. Stop all construction activity for Shrishti project. It's in CRZ zone hence MBMC not issued OC till now .

6. My RTI to MBMC had got gol mol response hence I want MBMC chairman arrested for being part of the fraud and crime
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

File criminal complain u/s 406 420 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

We should not take the position of your flat until unless the occupancy certificate and completion certificate are provided by the builder.

 

You should also consider sending legal notice to the builder asking game to do the needful within 15 days of receipt of the legal notice or to refund the entire amount taken along with interest and compensation.

 

After that, you can file complaint against him in consumer court. It is a trite law that if the developer forces or threatens the buyer to take possession without OC, the buyer can draw the attention of RERA and/or Consumer Court and can ask for refund with interest or possession with interest.  In several cases consumer forum has directed builders to obtain OC within the specified period or pay penalty to consumers.

 

Pecuniary Jurisdiction of Consumer Disputes Redressal Agencies which includes total amount paid, interest and compensation.

• At District level--Limitation up to 20 lakh 

• At State level—Limitation up to one crore

• At National level—Matter above one crore 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

File complaint against builder before RERA and seek orders to direct builder to obtain OC 

 

2) builder cannot  deliver possession without obtaining OC 

 

3) you are not liable to pay maintenance 

 

4) in alternative you can file complaint against builder before consumer forum and seek orders to direct builder to obtain Occupancy certificate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. File a FIR against them for cheating and breach of trust though if there is agreement between you it is civil dispute so primarily police can refuse for FIR.

2. File a consumer petition before the consumer forum seeking possession and the compensation for the delay.

3.Make society party in the consumer complaint and seek compensation and recover maintenance from them.

4 See you can appeal before the higher authority That is first appellate authority for the better response to your RTI arrest without strict proof is not possible.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.
2. You can complaint to civic body & even take legal action. 

3.you can also file complaint in district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file consumer complaint and setaside all the illegal maintenance charged to you.  You can also seek compensation for delayed possession. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Giving possession without an OC is like not giving possession at all

The society cannot charge any maintenance if proper possession with OC is not given to flat buyer by builder

Plz file a rera complaint for delay in handover of possession with OC and claim interest for delay

As to illegal construction on CRZ you will have to take up your RTI reply to appeal 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1.  FIRSTLY, Send a Legal Notice to the Builder, mentioning the mentioned points in your above query and direct him to comply with all the statutory laws, before handing over the possession of the Flats (AND possibly return all the amounts with interest).  Send similar notice to the Society.

2.  CONSEQUENT to the  above, file a grievance petition before the local consumer forum, seeking directions against the Builder to either complete & hand over the Flat with OC or request for return of your amounts with interest and damages & compensations.

3.  File complaint application with the Economic Offences Wing (EOW) of the Thane Police, and request for investigation, FIR and charge sheet against the builder.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can file two pieces one under article 226 in the High Court against the Builder and mbmc and another case against the Builder under section 420 406 and 506 you can also make the society as a party in your first case where the society is charging the maintenance without occupation certificate  and possession of the flat

 Please note that if society is formed for the maintenance of the township will definitely collect maintenance charges but you should be collected from the builder as you have not taken possession of the property you can also lodge a complaint with the registrar of societies against the society for its illegal practices

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you want  all  those  authorities arrested you may  lodge  a  criminal  complaint  against  them  for  their  alleged fraudulent activities.

 You may procure  documentary evidences  against  them and  get  them  arrested if police would  cooperate with you in this regard

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

RERA would be applicable as OC has not been issued till date 

 

RERA complaint would be disposed of within 6 months 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See if the project is RERA registered the laws apply otherwise approach consumer forum for effective remedy.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file consumer complaint showing recurring cause of action

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Possession cannot be legally offered in absence of OC with the promoter. Likewise, the promoter cannot levy maintenance from the allottees till the time the OC is procured by him.

Fit case to approach RERA, incase this promoter and this particular project is registered with RERA.  

File a first appeal under the RTI Act, if you have not got clear responses from Chairman, MBMC. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

no

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You must see if the developer or the builder has registered with RERA, if not there is no use of making any complaint with RERA.

The time taken for disposal of such cases cannot be predicted owing to various factors involved in it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

You may file a case before the appropriate consumer fora for the money or possession of the flat and also adequate compensation for the trouble caused to you. You can also simultaneously pursue the FIR filed by you and enforce criminal action against the builder.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

This is my response to you:

1. If CC has not been obtained then you can file RERA complaint;

2. If CC is obtained then approach consumer forum;

3. You can also file a police complaint;

4. Consult a local lawyer, discuss full facts and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

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