What Can a Homebuyer do if the Builder is Forcing to take the Possession without an OC?
Jan 13, 2020 Home Trading Steps
An OC or Occupancy Certificate is an important certificate that every builder needs to obtain before handing out the possession to the homebuyers. The Occupancy Certificate signifies that the particular building or establishment is built according to the plan and is fit to live in and is habitable.
Despite the project size, builder reputation or the cost of the units, there have been some cases in past where the builders have forced the buyers to take the possession of the property without having the Occupancy certificate. The approval of a document from the authorities take some time, and the growing impatience from the builder and the buyers is one of the reasons that the builder’s resort to such steps.
If you move into a building that hasn’t received the OC certificate from the authorities, then you might be risking your eviction, denied utilities or even face penalty. If the authorities find that the building has not been constructed keeping the health hazards in mind or if they find that the building is not in any way fit for living, they can ask the residents to evacuate and stop the basic utilities like water and savage facilities.
What can a buyer do in such a case?
There are certain places where the homebuyer can address their concern if they are forced by the builder to take possession without the Occupancy Certificate.
RERA to the rescue: According to the RERA laws, the builders have to mandatorily require the OC before they let the homebuyer have the possession of the unit. Offering the possession without OC is a breach of the law and punishable. Any building that has not received the OC from the authorities is considered under-construction projects. If your state has fully functional RERA authority, then it is a good idea to approach them and let them know that the builder is forcing you to take the possession without the OC. The authority is dedicated to act on the grievances of the homebuyers and provide a solution.
Consumer Court: State laws give the consumer forums the authority to take the matters of real estate and provide relief to the homebuyer. It is important to note that the state commission works in a three-tier system. The buyer will have to first move towards the district level court, then the state level court. If the buyer is not satisfied with the result of the lower courts, then he can move to the national level court for redressal.
Lodge and FIR: The homebuyer has the provision of filing an FIR against the builder under Section 405 of IPC, which deals with criminal breach of trust. Following this, an arrest warrant will be issued for the builder. However, if the police refuse to file a complaint against the builder, the homebuyer can seek relief from the court under Section 156(3) of IPC which authorizes courts to direct the police to lodge the FIR.
Despite the project size, builder reputation or the cost of the units, there have been some cases in past where the builders have forced the buyers to take the possession of the property without having the Occupancy certificate. The approval of a document from the authorities take some time, and the growing impatience from the builder and the buyers is one of the reasons that the builder’s resort to such steps.
If you move into a building that hasn’t received the OC certificate from the authorities, then you might be risking your eviction, denied utilities or even face penalty. If the authorities find that the building has not been constructed keeping the health hazards in mind or if they find that the building is not in any way fit for living, they can ask the residents to evacuate and stop the basic utilities like water and savage facilities.
What can a buyer do in such a case?
There are certain places where the homebuyer can address their concern if they are forced by the builder to take possession without the Occupancy Certificate.
RERA to the rescue: According to the RERA laws, the builders have to mandatorily require the OC before they let the homebuyer have the possession of the unit. Offering the possession without OC is a breach of the law and punishable. Any building that has not received the OC from the authorities is considered under-construction projects. If your state has fully functional RERA authority, then it is a good idea to approach them and let them know that the builder is forcing you to take the possession without the OC. The authority is dedicated to act on the grievances of the homebuyers and provide a solution.
Consumer Court: State laws give the consumer forums the authority to take the matters of real estate and provide relief to the homebuyer. It is important to note that the state commission works in a three-tier system. The buyer will have to first move towards the district level court, then the state level court. If the buyer is not satisfied with the result of the lower courts, then he can move to the national level court for redressal.
Lodge and FIR: The homebuyer has the provision of filing an FIR against the builder under Section 405 of IPC, which deals with criminal breach of trust. Following this, an arrest warrant will be issued for the builder. However, if the police refuse to file a complaint against the builder, the homebuyer can seek relief from the court under Section 156(3) of IPC which authorizes courts to direct the police to lodge the FIR.
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