Fit Out Possession

[brandoo]

Dear All,

How can we counter fit out possession. I have case in point, Piyush and Omaxe.

Piyush offered fit-out possession without valid license and OC. We approached appropriate authority(s) for the action and some action is taken or at least will be taken, I sincerely hope for action but long way to go before we rejoice.

Another case: Omaxe offered fit out for Hill (sector 41/43) in Surajkund with valid license till Oct 2013. How do we stop this practice as builder has valid license with OC? In the BBA no term exist such as fit out.
Members of the forum, legal experts and working committee members of GFWA, please advise. BPTP started this, followed by Piyush, and Omaxe. When Omaxe offered possession for OH, it was straight possession after inspection by buyer and final payment, registry, and keys of apartment. Seems Omaxe has taken leaf out from BPTP's unethical practice and other builders will follow.

[yogesh]

if the builder has received the OC then only he can offer possession OC will give by DTPC after inspecting the group housing . and after satisfactions that the building is ready to live he give occupancy certificate Pyiush case is much different and omaxe hills is different because i think that omaxe hills is ready to move ( i think that )

[rohit.mattoo]

Dear Brandoo
As far as fit out possession concept in OH is concerned, Omaxe has done it in case of 3BHKs . Residents were offered possession on basics of this concept and people started living in their without getting the registry done. They had to submit s stamp paper with Omaxe stating it is only for FIT OUT purpose. I don't know whether there are still settled with registry issue or not

[brandoo]

Dear Brandoo
As far as fit out possession concept in OH is concerned, Omaxe has done it in case of 3BHKs . Residents were offered possession on basics of this concept and people started living in their without getting the registry done. They had to submit s stamp paper with Omaxe stating it is only for FIT OUT purpose. I don't know whether there are still settled with registry issue or not

I am raising the issue about Omaxe Hill is sector 41,43 Surjakund not about Omaxe Height in sector 86.
Yogesh thank you for the reply but I know the process you have stated.

I am looking to device mechanism so that buyers can resist builders when fit out possession is offered.
Valid license is prerequisite to apply for OC, OC is prerequisite to offer possession and then registry. This is what we all know.
Fit-out doesn't anywhere in this schema. BPTP, Piyush (sheer audacity and guts on the part of Piyush that without valid license Piyush offered fit-out and demanded final payment), now Omaxe. Tomorrow many will follow the suite such as RPS, SRS, ERA, Puri etc.

I am no problem as such with fit-out possession if builder is not stopping delay penalty and not demanding final payment. Therein lies problem. The moment builder offer fit-out possession, delay penalty is stopped, demand final payment (suppose to be asked at the time of actual possession just before registry) and if not paid on time then holding charges and interest @ 24-36% depending on builder.
Kindly pour some piece of advice on how to counter this legally. Going to builder's office, bashing some lower rank customer relation guy/gal will not solve anything.
DTP/STP's 1st reaction when we approached in case of Piyush was, this is between you and builder and you have to honour your agreement, don't waste my time. This speaks volumes about the attitude. What if some builder has valid license, OC or partial completion certificate and builder is offering Fitout not final possession.

[dheerajjain]

Piyush Group leant a hard lesson by offering Fit Out possession. But, that has not stopped Omaxe from continuing this practice across its projects in NCR. Hindustan Times Estates ran a headline story on Saturday last week about flat buyers in NOIDA facing trouble from authorities after being offered 'temporary'/fit out possession. Please find attached the same.