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Author Topic: Partial occupancy certificate  (Read 522 times)

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Offline ramans

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Partial occupancy certificate
« on: January 26, 2016, 03:02:15 PM »


Dear All,


I had purchased one flat in Kolkata. Builder handed over the flat to me and when I specifically asked for the Occupancy Certificate, after some delay they did provided me a copy of the same. I found that it was a Partial Occupancy Certificate from the authority only meant for the block where my flat belongs to. Now I also noticed that it was written in that Certificate that the validity of the certificate would remain valid till 15-Sep-2015. It was also mentioned in that letter that the builder should get the permanent one before the expiry of the partial one. Meanwhile I have registered the Deed in my favour and also took over the possession. Now when I wrote to the builder and as usual they are not responding to me.

I need help to understand whether in Kolkata Occupancy Certificate is mandatory to have? Is it now illegal if I continue to occupy the said flat as the validity of the Partial Occupancy Certificate has aready expired? Can I ask the builder to submit me the re-validated copy and take legal action against them for non-compliance and unfair trade practices? Please suggest what best I can do here.

Is it Okay to continue occupy the flat? Can I take legal action against the builder for not providing me valid OC / Partial OC?

Thanking you.

Offline adv.amarnath

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Re: Partial occupancy certificate
« Reply #1 on: January 28, 2016, 12:13:39 PM »
When you have taken possession as well as registered flat in your name then there is no required of getting possession certificate or occupancy certificate. In India, there is no specific law in respect of possession nor any specific law in respect of POSSESSION LETTER. You are legally possessing the flat in spite of having no Occupancy or possession certificate from developer.

If you dont have any other grievances against the developer then there is no deficiency on the part of developer.

Amarnath Sanyal
Advocate
Kolkata, WB
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline ramans

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Re: Partial occupancy certificate
« Reply #2 on: January 29, 2016, 05:17:45 AM »
Thanks a lot Mr. Sanyal for your kind reply. I am little bit confused here, so from your reply I guess that even I continue to occupy the flat without occupancy certificate then there is no law by which any authority can ask me to leave, and also I cannot make the developer / builder responsible for not providing me OC.
If that is the case how a flat owner can guarantee that the building conforms to all the norms?
For my case the builder didn't provision the domestic electricity connection and one has to get the electricity at different rate from the builder for now as they haven't got the approval for domestic electricity supply from the authority. I am having a doubt that they may be some other approvals that the builder might not have taken. So I am concerned what can go wrong with me in future.

At the least is it a deficiency on the part of developer / builder for providing possession without provisioning the domestic electric supply, in spite of taking separate additional payment for proportionate share of Security Deposit for power payable to authority

Thanks once again for your time and helping me understand the situation.

 

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