You can complaint before consumer court for deficiency of service as well as file police complaint against the builder if he disconnects electricity

Water and electricity are essential services and cannot be stopped by builder 

builder is bound to obtain OC 

file complaint against builder before RERA or consumer forum and seek orders to obtain OC and provide electricity and water 

The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied.

RERA, Consumer Act is very strongly favouring the buyers. Sale deed can be registered but builder cannot deliver possession of flat with obtaining OC/ completion certificate. In the sale deed you will incorporate the clause that builder shall obtain completion certificate within one year (period) and handed over the possession and also include default clause.  

As per RERA, the buyer needs not to pay maintenance charges, till he possesses the apartment. Builder is bound to provide electricity and water connection to flat owners and deliver possession of flat to flat purchasers after issue of OC .till permanent connection is issued by authorities’ builder can recover charges for temporary water and electricity connection from flat owners.

Builder can collect maintenance only after OC is issued and possession delivered to flat owners. The Supreme Court (SC), in the landmark judgement in the case of Lucknow Development Authority vs MK Gupta, made it clear that “when possession of property is not delivered within the stipulated period, the delay so caused is denial of service” and a consumer who is a victim of such delay is entitled to compensation.

Bring an action against the builder in the consumer forum or RERA and ask for orders to obtain an OC and to supply electricity and water.

Under no circumstances can builder disconnect essential amenities like water supply, electricity, lifer services etc. For essential services OC is not necessary. File a complaint in District Consumer Forum restraining builder from disrupting supply of essential services. Under new Consumer Protection Act, 2019 Forum has power to issue such directions to builder. Once complaint is filed in Fourm, builder cannot disconnect supply. You can also file complaint with Real Estate (Regulation and Development) Act, 2016 Authority, but proceeding under Real Estate (Regulation and Development) Act, 2016 are time consuming. You will get immediate relief from District Consumer Forum.

Builder have to obtain OC.

basically it is not good to occupy flats before OC is issued but Builder mush have given the possession letter. 

Now builder cannot cut essentials like electricity and water. 

All 50 families problem will be solved by one NC in nearest police station if electricity and water are stopped.

You all can approach Consumer Court and RERA. 

Consumer court will be better option.

You can take action through RERA as well as through consumer forum for the deficiency in service.

Actually the owners should not have taken possession of the flats without the builder obtaining the OC or CC.

The electricity connection may not be permitted without OC followed by water supply and other amenities.

If the builder is threatening with dire consequences for agitating against him, you may have to lodge police complaint for such offences. . 

Dear sir,

Kindly look into the agreement between the builder and yourself and enforce the terms accordingly. send a legal notice to the builder and enforce the specific performance.

Thank you

Hi, Without obtaining the Occupancy Certificate, you are not authorized to stay in the apartment. you can lodge complaint against builder either in RERA or  Consumer Court for deficiency of service.

- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given electricity /water connection and are charged a higher property tax.

- Hence, you should not pay the full amount before handing over the OC to you. 

- Further, as per RERA,, A builder cannot give possession to buyers without OC

- Hence, if the builder fails to give or obtain OC, then you should lodge your complaint before RERA.

- Further as per Supreme Court , the builder cannot disconnect the eclectic supply and it is an offence.

- Hence, you can also file your complaint before the Consumer court on the ground of deficiency of services, and to claim compensation as well. 

Dear Sir,

1. Yes you can file complaint both in RERA as well as Consumer Court.

Thank You!

You cannot file case in consumer forum now 

Wait for disposal of your case before RERA 

You can file it simultaneously but can't ask same prayers from both the forum. It's better to try consumer forum as the forum is pro consumer. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

If you have already approached RERA it would be better just wait for the disposal decision of RERA after which you can approach consumer forum 

Keeping case pending in Real Estate (Regulation and Development) Act, 2016, complaint in District Consumer Forum  cannot be filed. You need to withdraw case from Real Estate (Regulation and Development) Act, 2016 Authority stating that you intend to file the same in District Consumer Forum. After that file a case in District Consumer Forum .

Hi, you can file Complaint before  RERA as well as Consumer Court.

Simultaneously you can file a case against the builder with RERA and Consumer Court.

A very weird situation. A consumer case can be filed by all the residents collectively.

You may also file a complaint before the RERA tribunal.

If you have filed a RERA complaint then no need to file another case.

In fact the RERA tribunal will dispose your case expeditiously.

You have every legal right to approach either the RERA or the consumer panel or both at the same time to seek relief in case of an issue with a developer. 

Supreme Court of India in the case of M/s Imperia Structures Ltd v Anil Patni & Another (Civil Appeal No. 3581-3590 of 2020), the Supreme Court held that the redressal mechanism / provisions under the Real Estate (Regulation and Development) Act 2016 (RERA) do not act as a bar to complaints under the Consumer Protection Act 1986 (CP Act). The principles laid down in this judgment by the Supreme Court, finds place in a range of earlier series of decisions passed by various High Courts as well as the National Consumer Disputes Redressal Commission (NCRDRC) which have stated that allottees / homebuyers are well within their rights to avail remedies the CP Act as well as RERA and even the Insolvency and Bankruptcy Code 2016

- Yes, you can also file a compliant before the Consumer forum against the builder , 

- However wait for the response of the builder before the RERA.