Some of the certifications which play an important role in the home buying process include Encumbrance certificate, occupancy certificate, registration letter, and others. Among them, Occupancy certificate is one of the major certificates that is important and proves the legality of the project.
In the past, many developers have duped homebuyers on this point only wherein they have assured them to provide OC and forced them for the possession of the home. Now here, a homebuyer who is paying hefty rent and EMI at the same time is forced to accept the offer of possession without OC. However, this illegal act many a time leads to eviction, penalty and moreover creates legal menace for the homebuyers.
So, find below some of the legal options available to such aggrieved home buyer who is forced by builder to take charge of home without OC:
File Complaint with RERA
To safeguard the rights of the homebuyers, the central government has launched Real Estate Regulation Act (RERA) in 2016. The strict rules and norms followed by this authority have put an end to such unscrupulous activities by the builders to much extent.
Also Read : RERA Rules every Home Buyer Must Know
So, if your developer is offering possession of the project, while it has still not received the Occupancy Certificate, you can file the complaint with the RERA authorities. RERA considered all such properties as under-construction one and hence the penalty is stringent. Also, keep a note that the RERA authorities must have full control over such properties otherwise they will not be entertained.
File Complaint with Police
Another legal option for the stressed homebuyer is to lodge a police complaint under section 405 of the Indian Penal Code (IPC). It deals with ‘criminal breach of trust.’ Once you complete this, the local police issue an arrest warrant against the errant developers or builders after which he is presented and tried in court.
In case, police refused to do so, you can file another complaint under Section 156(3) of the IPC in which the court orders the police to lodge an FIR.
Go to Consumer Court
A homebuyer can also move to consumer court to seek relief from such developers. Here, you can file a case in consumer court against the developer if they force you to take possession of the flat without OC. The state consumer court works on a three-tier system so at first the case is lodged in district court and then it is moved to state and national level. So, if a homebuyer is not satisfied with the decision of the lower court, he/she can move to a higher one.
In case your developer is forcing you at any point of flat possession, do take above legal options.