We are living in our flat for last 2 years still we did not have any kind of letter from our builder like – completion certificate ,possession letter ,occupation letter .Is it legel to live in the flat? Builder haven’t yet completed the last building, also all buildings have some work to be done, & he is not responding to us.
I don’t to whom to ask. Please help me.
A last question,
Builder have taken the maintenance of 2 years from us ,from should it be counted?
I C Naik
The Builder Lobby has been encouraged by the State Administration (Corruption) such that they do not see the need to abide by law especially the MOFA 1963. Look at the following obligation of the Builder:
SECTION 10: PROMOTER TO TAKE STEPS FOR FORMATION OF COOPERATIVE SOCIETY OR COMPANY
(1)As soon as a minimum number of persons required to form a co-operative society or a company have taken fiats, the promoter shall within the prescribed period submit an application to the Registrar for registration of the organisation of persons who take the flats as a co operative society or, as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such application for membership of a co-operative society or as the case may be of. a company. Nothing in this section shall effect the right’ of the promoter to dispose of the remaining flats in accordance with the provisions of this Act.
In your building’s case this is what has happened. Builder has flouted this provision. There is no mechanism to book the errand builder.
Yours is not an exception. There are several such cases.
I give below two URLs. On going through you should find some way out as the same are comparable to your situation.
2 5 2015 TOI Builder fined for not forming society of flat owners
Anjaya Anparthi, TNN | May 2, 2015, 03.26AM IST
11 2 2014 Builder fined for not transferring property to housing society
Rajshri Mehta,TNN | Feb 11, 2014, 12.12 PM IST