What legal action can be done against my promoter if he is denying to provide a CC (completion certificate) which is very much required for mutation after 3 years of possession in the flat?

If your promoter is refusing to provide a Completion Certificate (CC) for your flat after 3 years of possession, you have several legal options to address this issue. Based on personal experience, filing a complaint with RERA (Real Estate Regulatory Authority) or the Consumer Court can be highly effective in resolving such disputes.

Here's a convincing breakdown of your options:

1. RERA Complaint:

RERA was established specifically to protect homebuyers' interests. Filing a complaint with RERA is often the most direct and effective approach. RERA has the authority to impose penalties on developers who fail to fulfill their obligations, including providing necessary documents like the CC.

2. Consumer Court:

If RERA doesn't yield results, or if you prefer an alternative route, the Consumer Court is another powerful option. They can order the promoter to provide the CC and may even award compensation for the inconvenience caused.

3. Civil Court:

While this should be a last resort due to potentially lengthy proceedings, you can file a suit in civil court for specific performance, compelling the promoter to provide the CC.

4. Local Municipal Authority:

You can approach the local municipal authority that issues CCs. They may be able to pressure the promoter or provide information about why the CC hasn't been issued.

5. Legal Notice:

Before pursuing legal action, send a formal legal notice to the promoter. This often serves as a wake-up call and may prompt them to act without further legal proceedings.

To strengthen your case:

1. Gather all relevant documents (purchase agreement, possession letter, communication with the promoter).

2. Document all attempts to obtain the CC from the promoter.

3. Research local real estate laws to understand your rights fully.

Remember, the CC is crucial for legal ownership and future property transactions. Don't hesitate to take action. Many homeowners have successfully resolved similar issues through these channels, particularly RERA and Consumer Courts. Your persistence in pursuing legal remedies will likely motivate the promoter to fulfill their obligation and provide the necessary CC.

Best Wishes,

Rajeev K. Jha, Advocate

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