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TOPIC: OC & WC

OC & WC 2 years 3 months ago #6050

Respected Sir,

Sir I & My wife bought one office premises in Masjid Bander, I started payment from May-2011 and on Dec-2014 I got possession. Possession late by 1 year.

As committed, builder failed provided us;
(1) No WC for us. He himself use it and keep under lock, even he refused to give WC key to my wife and women staff.
(2) No OC till date, due to this I am not getting loan from Bank.

Due to lack of finance I lost lost of business, as well as no staff is ready to work at our place even my family women members are also not in possession to help my business due to non availability of WC.

(3) Builder and his contractor take Rs 5000/- money form us for interiors works permission in the year 2014 before possession.
(4) His Contractor and their worker stolen my Silver GOD statue from my office and when I complain builder inform me that he also face the same problem from contractor staff, so nothing to do. I can not complain as we did not enter into agreements so i afraid to do legal Police complain

(5) He is not fulfill his commitment of Goods lift. Area is keep open till date.

I hold his some payment due to this issue. I had given him written request on Jan-15. Last month i & Broker visited his office to discussing issue but he and his family members insult us and say GET LOST from his office. He inform his staff to throw us from his office and he him self also do the same.

Today I received registered letter from them to pay our outstanding with 18% interest and this interest will be added day by day on interest too.

What is your legal guideline, please help me.

Warm Regards,
Deepak J Shah
Last Edit: 2 years 3 months ago by Krishna.
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OC & WC 2 years 3 months ago #6052

Hi Deepak,

Could you please clarify the following things for me?

1) What do you mean by WC key?
2) OC should be provided by the builder before you move into an apartment. If not, you can move to court to get the document or get your amount refunded.
3) The legal ramifications of the agreement between you would depend on the wording. I cannot do much without reading the agreement. However, OC should be gotten for sure and not providing that could amount to deficiency of service as OC often proves that the property is fit for occupancy and safe for the occupants.
4) Do you have proof of the silver GOD statued being present before and being missing aftee the contractor entered or exited the room? If not, you could lodge a complaint but I do not see much benefit in that.

I would advise you to visit a lawyer with all agreements that you would have wth your lawyer. If you could let me know of any detailed discussions with your lawyer, I might be able to help you better.

Thanks and regards,
Krish
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OC & WC 2 years 3 months ago #6053

WC - (Wash room - No toilet they provided to us.) Two separate toilet they constructed on one Ground floor for his self use and on second on mazanin floor for society but he did not give key to us. Not allowing even my wife too. He committed for constructing toilet on each floor for all office owner but did not do this.

Society is not formed yet and asking maintenance without valid bill, valid date of maintenance is not clarify by him, electricity bill comes on his name and asking electricity payment without sending us bill. Time by time we ask for genuine documents so we paid and asking toilet key but they all family members are misbehaving and insulting so we avoid to visit his place.

We are new purchaser of office ion the building. Their is some old tenant too who get place in redevelopment.

We paid all amount of premises purchase, But we hold maintenance, some redevelopment charges he asked @ Rs 231.00 per Sq feet, and electricity amount from last one year of taken possession of office.

OC:- He committed me on June -14 that he applied for partial OC and get with in short time, but till date he did not given it to me.

As their is shortage of office place in the our market so we are not interested for refund.
Do guide.
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OC & WC 2 years 3 months ago #6059

Hi Deepak,

1) Does he have an approved plan that stated that there would be a washroom on every floor? If the approved plan says so and he did not provide it, then it can be considered deviation from approved plan. His words mean nothing as of now and if you have these terms in writing, then it could help you legally. If it was a part of approved plan and he did not construct it, then it could be considered illegal and can be used to strengthen your case.

2) OC is supposed to be gotten before moving in. If he does not provide that and continues to trouble you on that aspect, I would suggest consulting a lawyer and moving to consumer court to ensure that he provides all the required documents.

3) Since he is asking for payment of electricity bill for the past one year, does that mean that you have already taken possession of the office space without getting OC. Taking possession and occupying any space without OC is illegal. For e.g. of some verdicts that state this, check the below article:
timesofindia.indiatimes.com/india/Bombay...cleshow/24454390.cms

4) Regarding payment of Rs. 230.00 psf, is that only for redevelopment charges. Was your payment plan construction linked and also linked to approvals? What was your payment plan and what was it dependent on? for e.g. it could be dependent on completion of flooring, columns, painting work, etc. Was anything that connected obtaining approvals and documents and payment plans mentioned in your sale agreement?

5) You mentioned you did not enter into any agreement? By that are you referring to sale deed, sale agreement or some other form of agreement?

Thanks and regards,
Krish
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Ensure that you get professional help! My inputs are just guidelines!

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