Legal Course to Take if you are Forced to Take Possession of the Property Without an OC

Dev Singhraha

Relocation Expert

Buying a house comes with endless documentation, and sometimes homebuyers tend to take the opportunity if it will require less paperwork from them. Avoiding paperwork or negligence can cost them a lot of money and time. Regardless of the reputation of the brand, some developers force their homebuyers to take possession of the unit even without the occupancy certificate.

To begin with, an Occupancy certificate or OC is a document that is provided by the government authorities stating that it is fit for habitation. Moving into a building that does not have an OC is an illegal act and can lead to eviction, electricity, and other utilities being shut down. Living in a building that does not have an occupancy certificate can also be dangerous for life and well being. There have been several instances where the renowned developer has forced the buyers to take possession of the property without the OC.

What can a homebuyer do under such circumstances? Which authority should they approach if the developer is forcing them to buy the property? We discuss it here:

RERA here to help

RERA is formed to reduce the discrepancies in the real estate sector of the country. Every state has its RERA authority and laws, but the basic remains the same.

If the developer is asking you to take the possession of the property while the application of the OC is still under progress, then the homebuyer can approach the RERA and ask for their help. All the building and projects that haven’t received their OC are considered to be under construction. Such a plea gets admitted only if the RERA is fully operational.

However, if in your state RERA is yet to lay down the laws or go fully operational, then there are other authorities where you can approach and ask for relief.

Consumer Court

State laws give the consumer forums authority to take such matters and find the resolution. The state commissions work in three levels; hence, the homebuyer will have to approach the district level court first and if not satisfied, then the state level forum and then the national forum. One must remember that the value of the property also determines whether one can approach the apex body directly or not.

File an FIR

Under Section 405 of Indian Penal Court (IPC) which deals with the ‘criminal breach of trust’ a homebuyer can file an FIR against the developer. An arrest warrant could be issued against the developer, and he can be tried in the court. If in case, police refuse to file the complaint against the developer, the homebuyer can seek relief from the court under Section 156(3) of IPC which authorizes the court to direct the police to file the FIR.

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