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GMADA Do Need Completion Certificate Rules State Consumer Commission

GMADA also needs Completion Occupancy Certificate

Too has to take Completion Certificate Rules Punjab State Consumer Disputes Redressal Commission

Completion Certificate/Occupancy Certificate- The local authority on satisfaction of the completion of building works grant certificate to the builder/owner of the project that it is fit for use and occupation by all standards and buildings laws followed. The certificate ensures crucial supply of basic amenities water, electricity, and drainage system.

Legally speaking, in absence of Completion Certificate/Occupancy Certificate, the government can vacate the building anytime and ask it occupants to leave which is against their interest.

Date of Order- May 29 2018
Project- Purab Premium Apartments in Sector 88 Mohali

Issue-  GMADA says being a statutory body it is exempted from getting to Occupation Certificate/Completion Certificate OC/CC in short.  The commission found this contention incorrect and ordered authority to get certificate CC/OC immediately from the competent authority in case of Purab Premium Apartments in Sector 88 Mohali.

Also Read- PROJECTS HAVING COMPLETION CERTIFICATE AFTER JULY 2017 ARE UNDER THE AMBIT OF RERA SAYS RERA-HARYANA

Execution Application-  The State Commission was having this in an execution application for a case decided against GMADA for delay in possession where it was ordered to them to provide position of a flat complete in all respects that includes OC/CC certificate.

GMADA’s Contention-  As per Sec 14 of PAPRA (Punjab Apartment & Property Regulation Act) it is body owned & contributed by State Government and is thus exempted under Regulation that mandates occupation certificate and completion certificate before possession.

GMADA pointed out that the division engineers of various health and electricity department certified that work was complete but it couldn't be termed as completion certificate ruled by the authority.

Also Read- GET YOUR MONEY REFUNDED FOR DELAY IN POSSESSION

Commission’s view- Even if it is taken PAPRA doesn't apply to GMADA, then also GMADA is bound by its terms and condition as issued in letter of intent (issued to the complainant as the allottee).

No certificate from GMADA is forthcoming regarding the completion of work as promised in the brochure. Thus the intentions of GMADA are unclear.

Even though some photographs were placed on record before the commission but still it doesn't suffice the completion certificate. What stops them from taking a completion certificate?

Completion Certificate/Occupation Certificate is one of the most important aspect of buying a property or flat in India

Also Read- RERA-PANCHKULA STRIKES AGAIN

There can be legal recuperation. Later on once you take the possession and competent body inspects that the flat is unsafe, not livable and against the safety standards and other building bye laws and functions.

No homeowner or buyer would like to be in that dilemma and that's why we here at LegalSeva suggests our users to examine the legal side of property before buying and taking a decision wisely.


Also ReadCHECKLIST FOR BUYING PROPERTY IN CHANDIGARH PANCHKULA MOHALI ZIRAKPUR DERABASSI KHARAR BADDI

News on Occupancy certificate/Completion Certificate

  1. Completion certificate: MC serves notice on 10 Builders by TribuneIndia.com
  2. Dream home to nightmare: Ugly ‘realty’ of Noida’s ready flats by IndiaToday
  3. Completion certificate: Zirakpur MC for FIR against three builders by HindustanTimes
  4. NMRDA puts VCA’s OC application on hold by TimesOfIndia



Conclusion- It is the duty of Builder/Developer to get OC/CC before offering possession or the homeowner/buyer can get the records verified from RTI.

In case of Property related Advice or RERA Compliance, RERA registration, Consumer Forum, State Consumer Commission Punjab and Haryana, contact LegalSeva for further assistance and simply dial 9988 179661 and say hello. 

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