Occupancy certificate
7 months ago
Apartment occupied by residents since 2011, builder has not provided OC. Association is planning to file a case against builder. Which court should we file? Is RERA applicable? Bangalore
A.Dear client,
If the developer doesn't give OC, a homebuyer must report to the RERA authorities. As per the RERA guidelines, a homebuyer can also ask for compensation from the builder the delay in getting the OC if a registered sale deed has not been executed in their favour.
If the developer doesn't give OC, a homebuyer must report to the RERA authorities. As per the RERA guidelines, a homebuyer can also ask for compensation from the builder the delay in getting the OC if a registered sale deed has not been executed in their favour.
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A.Dear Client,
You occupied the property without OC in the year 2011, So the remedies available against the cause are now barred by a limitation that requires a complaint should be filed within 2 years from the date of cause of action before the Consumer Court and within 3 years from the date of cause of action for filing a civil suit under the Limitation Act, 1963. After the lapse of almost 12 years, the chance of admission of prayer for condonation of delay appears to be not feasible at the moment.
You occupied the property without OC in the year 2011, So the remedies available against the cause are now barred by a limitation that requires a complaint should be filed within 2 years from the date of cause of action before the Consumer Court and within 3 years from the date of cause of action for filing a civil suit under the Limitation Act, 1963. After the lapse of almost 12 years, the chance of admission of prayer for condonation of delay appears to be not feasible at the moment.
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A.Dear Client
Since this building is older than RERA coming into picture hence you cannot go to RERA court for this. Having said that you are left with knocking the door of consumer forum/commission for the same.
Since this building is older than RERA coming into picture hence you cannot go to RERA court for this. Having said that you are left with knocking the door of consumer forum/commission for the same.
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