Issues with the builder

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

We own a flat in a multi-storey building that was built in 2007. The completion certificate has not been provided by the builder yet. Also, a DG set is yet to be installed in the building for which all the flat owners have already paid Rs. 20, 000 each.

A formal association or society for the flat owners has not been formed as well.

We have raised the issue many times with the builder, but he is not cooperating with us. Apparently, he is having issues regarding pending payments with the original plot owner.

This owner has two flats on the top floor that have been converted into a penthouse and he is not cooperating with the other flat owners. He does not pay for regular maintenance charges.

How do we legally proceed against the builder/promoter/original plot owner?

Chennai

A completion certificate will be issued only if the building has been constructed and completed in accordance with approved building plans.

If there are any minor violations/deviations, they have to be corrected before applying for a completion certificate.

You can form the association of flat owners and take up the other issues with the developer either directly or through your lawyer.