Viral Dalal (Prop) 25 December 2011

criminal

Dear Sir,

I am harresed by Builder.

I have booked 3 BHK flat in Malad in Jan 2008. Paid all the payment and got allotment letter also about my flat is Fully paid.

He had given commitment (verbal) to give possesion in 2 years maximum.

2 years project was on standstill and he just gave promises.

He has roped in Fresh Investor / contractor & started project 1 year back from now.

Now he has buld 5 Floors and project is about 18 floors and My flat is on 14th Floor & CC received till 8th Floor.

He is not given me Non-franked agreement & allotment letter & 6 months back I just paid stamp duty along with dues + penalty according to ADVOCATE.

Can you please help me what would be next step ?

Who will assist me ? Will consumer court come in action now ?

Can I bring some stay from court so that he doesn't cheat further Investors ?

What about Delayed possession & penalty ? Flat agreement value 37.5 lacs in Jan ' 08.

Your Immediate steps would be highly appreciated.

Thanking you,

Viral Dalal

Reply Follow

2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 25 December 2011

You cannot file a consumer case. You have to file a suit for possession.

(Guest)

mr. dalal

you have paid the money and the contractor did not give you either possession document or the flat itself.

since your flat is on 14th floor and builder has just finished 5 floors, you cannot have the flat. all you can have is the possession documents.

you can sue for this possession documents. you cannot bring an injunction or stay order because the construction is not illegal.

you can goto consumer court since housing construction is recognised by consumer protection act as a service. you go to consumer court and sue for possession documents.

merry christmass and happy new year.