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The builder doesn't provide CC/OC
24-Sep-2023 (In Property Law)
Hello Experts,
Greetings!!! We have paid advance for a property (apartment/flat) in Bangalore and Builder recommended a Bank load agent for our Loan processing. However we applied Loan through SBI website, and we submitted documents to Collection agent. To proceed with the loan, the bank was asking if the builder would provide CC/OC, and we checked for the same with the builder and they said they do not provide CC/OC as the project has deviations. When we spoke to the Bank agent after property valuation, we were told the project has 18% deviation. Since we were not told about these issues while making an agreement with the builder and we are unhappy to proceed with the project without CC/OC. Now builder is not ready to return the token advance which is 20% of the Flat price. What are the legal options do we have? How risky is it to go ahead with project if we have no choice to withdraw.
Thank you for
No occupancy certificate means that the building has not been given a 'Pass Certificate'. This means that it does not have all the mandatory infrastructure that make the building inhabitable. The law states that it is illegal for a building without OC to be occupied. The buyer will have to move the State Real Regulatory Authority or the Consumer Forum to seek relief in case the developer refuses to pay booking amount.
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Adv. Anik
Bangalore | 100+ Answers
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How much you have paid to him ? What is document you have as proof of having paid than ?
A reciept or agreement ? If you have a valid agreement on valued stamp paper , you can easily claim and get back your money & damages. You can recover even without a valid agreement.
A reciept or agreement ? If you have a valid agreement on valued stamp paper , you can easily claim and get back your money & damages. You can recover even without a valid agreement.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Send a legal notice to your builder , try to get contact with other allottees who have invested with him, , collective efforts would yield tou more , thereafter wards , file a complaint at consumer forum or at RERA.
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Adv. Kotresh Hubballi
Dharwad | 25+ Answers
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