Dear Sandeep
What you have said is legally correct, but you know this is not how things happen on ground. Builder offer possession without OC, apartment owners take possession without OC, 90% of them unknowingly and 10% knowingly but to manage their finances they have little option.
In our case illegal act has already been done by the builder. We had no OC for 2 out of 9 towers. 7 Towers had the OC. The 7 towers paid maintenance and 2 towers didn't pay. Now the fight is for the IBMS deposit. Builder is claiming maintenance from 2 towers without OC for the entire past period and is deducting that unpaid maintenance charges with interest from IBMS. We need to prove to the court that the maintenance charges for towers without OC that builder is seeking to deduct from IBMS was never payable to them. This is not written in BLACK & WHITE in the act anywhere. There was an RTI response from DGTCP/STP on this. That would be helpful in our case.