Homebuyers should reject possession without OC, seek legal recourse

NCDRC finds Hamilton Heights guilty of unfair practice for giving possession without occupancy certificate; legal experts urge buyers to refuse handover in such cases

Housing, Houses, Apartments, residential building

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To apply for an OC, builders must first obtain a completion certificate. A registered architect’s certificate is required. Photo: Shutterstock

Sanjeev Sinha

4 min read Last Updated : May 02 2025 | 10:01 PM IST

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The National Consumer Disputes Redressal Commission (NCDRC) has held Faridabad-based Hamilton Heights liable for deficiency in service and unfair trade practice for handing over possession of a flat without securing the occupancy certificate (OC). The case underscores the need for buyers to ensure the OC is obtained before taking possession.

What is an occupancy certificate?

An occupancy certificate (OC), issued by the planning authority, confirms that a building complies with approved plans. In Gurugram, for instance, it is issued by the Department of Town and Country Planning (DTCP) or the Municipal Corporation of Gurugram.

“For homebuyers, it serves as proof that the

Topics : NCDRC homebuyers Builders