Occupation certificate not issued by builder
Dear Sir/M,am,
ours is a redeveloped building in Mumbai. Due to a legal dispute between original 36 members and the builder, we the purchasers of Flats have not received O.C. from the builder.
ii) Society of the original 36 members have been ordered by Dy Registrar to give us society membership,but society is not implementing and have appealed before Joint registrar.
iii) Municipal Corporation has not served any Notice individually for Property tax but has served Notice to Society.
My query is as under:
1. If I want to sell my Flat, buyer may ask for O.C.as well as Property tax payment receipts. Builder says that it is due to objection from society that He is not able to obtain the OC. Society says that we will not make you members,because once society gives NOC to the builder, he will not listen to the legal dispute and will obtain OC and give to everyone concerned.In such a situation, should i go for a writ petition (as District consumer Forum may take a lot of time in deciding it ). In fact, can a writ petition survive ?
We the Flat purchasers have formed an association of persons and AOP may not like to go for a writ or even Consumer Forum as they do not want to annoy the builder.