1 no it's not possession. actual legal possession is always after filing of OC.
2. He cant claim the same if he has given it only for interior decoration. You should never accept possession without oc
Is this considered possession
Case scenario: My correspondece to the developer: "This is to inform you that, I would like to highlight the fact that I am waiting for the possession of my apartment purchased almost a decade ago. The delay in possession for several years has resulted in a massive financial loss to me in terms of my accommodation and rent losses. You have yet to acquire an Occupation Certificate (OC) and ensure that there is an uninterrupted supply of Muncipal water. You have handed over the key for interior decoration, in December 2017, however, you still need to handover a possession letter with an Occupation Certificate (OC), and parking facility before I can move into my apartment." 1) On the above basis can this be considered as a possession of the apartment? Just being handed over a key? 2) On the above basis the builder wants maintenance from the day he handed over the key. Please reply. Thank you
Asked 5 years ago in Property Law
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22 Answers
Once keys have been handed over possession has been delivered to you
2) builder can recover maintenance from you
3) you can file complaint against builder before consumer forum and seek orders to direct builder to obtain OC , claim compensation for mental torture undergone by you
The above by no means is possession as is understood in legal parlance in respect of an under construction building
Possession is always given when the OC is in place
Possession given prior to OC by whatever name called (be it fit out or furniture possession) is not possession
Firstly builder delayed the possession. Then he gives possession without any OC. Now he cannot take advantage of his own wrong and demand maintenance from you from date of furniture possession
Under the applicable state law and considering the object of Rera, till the time management of land and building (for which OC is issued) is handed over to the society of flat purchasers, it is builder's statutory duty to maintain the project premises
Liability of purchaser to pay maintenance arises only after possession is handed over to him with OC
This can not be construed as a valid possession.
Write another letter stating clearly that you have not taken the possession of the flat for non issuance of OC and shall not be taking the possession till the OC is made available to you. Further till such period maintenance shall be in the builder's account.
1. You are in possession but possession without OC is illegal.
2. The builder has no right to charge maintenance unless OC is delivered.
1) he should give a letter of possession as well and OC copy.
2) If you have not used the flat and just for interior purpose you have take key than mention in the letter to him. And ask a compensation from him or you can file case in the RERA.
1. From "Consumer Court" (existing judgement) point of view, Builder has NOT handed over possession to you, because:
a) Work is Incomplete & Parking not handed over
b) OC is not obtained. Society is not formed within 4 months of Completion Certificate (CC)
c) Service charges liability is of Builders till OC date.
2. IF Builder has demanded in writing about Service Charges, THEN file grievance petition before the local Consumer Court, against builder, for negligence, deficiency, physical & mental harassment, monetary losses within interest, damages & compensation. Directions to builder is to be sought for Full Possession with OC & Parking & Society formation. This can be surely done.
Without a formal letter of possession it cannot be considered as possession, did he register the property on your name.
You may ask him to give it in writing that he handed over possession and demanding maintenance from that day onwards.
You can drag him to consumer forum seeking compensation for delay in possession.
1. By handing over the key is proof of delivery of possession in highest degree and there is no greater proof is required unless the flat is unfit for human habitation. OC means the flat is ready for possession as well habitation as well.
2. if the flat was ready for use form the date of delivery of key then he is right to claim the maintenance charge from that date onward.
1. Builder has to give a possession letter and handover flat legally to you , without possession letter he cannot seek maintenance you can file a complaint before the consumer court also since there is no OC builder is at default here.
Nops, and without OC delivery of possession is illegal. You are entitle to compensation for delayed possession and OC.
Without OC, maintenance cannot be charged. Can also file consumer complaint.
1. No, this is not considered as handing over possession of the flat. It is just handing over of the keys allowing you to get the interior decoration completed before taking possession of the said flat since interior decoration is not to be done by the developer but by the purchaser.
2. It is illegal for him to consider the said date as the date of giving possession and start claiming maintenance therefrom. Send him a lawyer's notice asking him to refrain from making such claim and also for handing over possession of the flat with copy of the OC within next 30 days ailing which you shall be compelled to take legal action.
As per rule you can not occupy premises without OC.
You can file Consumer Complaint in Consumer Forum for delayed possession of flat by Builder for his inactivity.You can definitely get relief from District Consumer Forum.
Just recieving the key of apartment doesn't mean that you have taken the possession of flat.
He must give your flat through proper possession letter but it doesn't matter he have recieved OC or not if you have recieved the possession through proper documentation.
If it's liveable then it can be considered as possession however chances are very less if case is presented properly.
Builder shouldn't ask for maintenance however if they continue then move to court.
Handing over the keys to the apartment is deemed possession. Also from the date of handing over the keys to you in respect of the apartment, the builder is demanding maintenance from you. Hence for all legal and practical purposes the possession to your apartment is duly completed.
Now the other issues plaguing you in so far as the OC not being handed over, uninterrupted supply of Municipal water etc., you must take it up in the consumer court under "Deficiency of service",
If the builder had mentioned the car parking in the sale and construction agreement, then you can occupy the same, if not, you can occupy any one car park in the apartment building and state that this belongs to you.
If he has not given you the certificate then he cannot claim to have handed you the apartment. File a case against him in the rera tribunal.
He is not entitled to any maintenance.
Regards
- As per the information mentioned in the present query, makes it clear that you have only been handed over the key of the property, but not the OC with actual possession as possession means not just handing over the key when the same property cannot be used for actual residence as per law.
- Yes, you have very pointed out the letter to the builder and can also be considered the legal notice if you wish to approach the court of law for compensation of these many years as it arises as a right of yours.
- Rest, you are absolutely at right way in accordance of law.
Dear Advocate’s, 1) I filed a case in MahaRera the case was close for orders in March 2020, the order didn’t come till August 2020 we send reminders MAHARERA gave the date again for rehearing. (Never heard this before once the case is closed) 2) Finally order came on 30th September back dated 17 September (Stating that WE didn’t submit the Rozanama if I have the the possession of the flat or not. (No Rozanama request was ever sent by email nor was online according to my advocate) 3) The Judge told the builder to pay compensation in the order and it will go to Ld. Adjudicating officer. I was not happy with the outcome of that Impugned order so I was suggested to file for review under regulation 36 of MahaRera within 45 days which we did on 24th October 2020 as the Judge did not address any other complaints at all even though the builder sold 100% flats still did not order to form the society, no interest ordered, nor about the maintenance which builder took for past 2 years on the pretext of 1 key handover for fitout which I never accepted possession and always ask him by email for legal possession with OC and parking (Also submitted builder voice recording which he is saying you are not taking the possession and others have taken as exhibit). The flat was always empty with 0 meter reading. Builder has also taken Rs 7.5 Lakh on pretext of Infrastructure as the builder wanted that money in cash which I refused he added that in agreement on the day of registration ( How can he take infrastructure from ONE person and not from others as he took cash so asked him to provide with accounts.) (Exhibit backed by builder signature that whatever I will give he will take) If that money is for infrastructure and taken from all flat owners the same amount WHY LESS FROM ME? Asked in the complaint what will he do with Rs7.5 Lakh x 126 flats = Rs 9.5 Crore + but all of that were ignored by Honourable Judge in his judgment order. My advocate filed review on the same case log
Asked 4 years ago
You have taken the right step to file the review petition.
If the trial forum ignored the facts mentioned in the original case and passed a judgment at its own discretion and if you are aggrieved by the said judgment, you always have a right to prefer an appeal against the judgment before the appellate authority.
If the appellate authority also do not give a favorable reply to your genuine issues, you can prefer to approach high court with a writ petition agaisnt the grievances seeking its intervention and also for relief and remedy.
Since your advocate has already filed the review petition, you may await the disposal details for taking further legal action on this.
Better option would have been to file appeal against impugned order
since you have already filed review petition wait fir orders to be passed
you have good case on merits
Go for execution after appeal in the said matter