27 December,2010 07:03 AM IST | | Vinod Sampat
We have been staying in a building for the last three years, but the builder has still not given us a completion certificate. What can be done to acquire it? Can we take u00a0the help of any government agency?
Rahul J
On completion of all the formalities by the builder, only the municipal authorities can issue the building completion certificate. If you haven't received it, then you can file an application under the Right to Information Act u00a0and find out the reasons u00a0as why it has not been u00a0issued.
Recently, the consumer forum passed an order in the case of Natalia Co-operative Housing Society Ltd, that in the event of the builder not submitting the building completion certificate as well as paying the difference in stamp duty since 1984 within four months from the date of formation of the co-operative society, he would be liable to pay a penalty of Rs 500 per day after a period of three months from the date of the order. You can approach the consumer forum for deficiency in service against the builder.
I am staying in an apartment in Sion. Our landlady died in 1991. After her demise, no one has come forward to claim her property. We, the seven tenants, are maintaining the building and paying all the taxes. We are also paying the repair cess. We want to get the building repaired through MHADA. As per law, can we become the owners of the property? We have learnt that after the death of the owner, if no one claims the property, the tenants become the owners after 20 years.u00a0
Dilip Shah
You are a tenant and will continue to remain a tenant irrespective of the number of years having passed. As far as MHADA property in city areas is concerned, you may approach the MHADA authorities since they u00a0have the power to declare tenants as owners. However, this is applicable only if MHADA is the owner of the property.
We purchased a flat in an under-construction building. Stamp duty and registration fees were paid in January, 2007. The builder has now demanded 5 per cent VATu00a0 as the flat is readyu00a0 for possession. Am I liable to pay it? If yes, at what rate?
Pradeep L Solanki
To protect their interests, builders sometimes insist on a bank guarantee for the said amount or collect the amount and keep it with themselves. If your builder is insisting that you pay him the VAT, you can approach the consumer forum for deficiency of service.
