Respected Learned Counsels,
I had booked a flat in March 2008 and the builder was to give possession of the flat in September 2008. As the builder did not give possession of the flat, I was forced to file a case in Hon’ble State Consumer Disputes Redressal Commission in December 2011.
In 2014, the Hon’ble State Consumer Disputes Redressal Commission appointed a Court Commissioner to inspect the building and submit a report in a connected case. The Court Commissioner has submitted his report. In his report, Court Commissioner has submitted that the builder has obtained sanction from the Competent Authorities for the documents like sanction plan, Consent letters, NOCs, Occupancy Certificate and Completion Certificate
The Hon’ble State Consumer Disputes Redressal Commission passed the judgment in January 2016. As per the judgment, the builder has to give the possession of the flat with the Occupancy Certificate.
As per documents submitted to me at the time of booking, the plan for the flats is sanctioned by Bangalore Development Authority. The project, which is a high rise building, is in Panchayat limits.
As per the documents submitted by the Court Commissioner to the Hon’ble State Consumer Disputes Redressal Commission, the copy of the resolution passed by the Panchayat along with the Occupancy Certificate and Completion Certificate is signed by the Secretary and the President of the Panchayat in 2009. Ironically electricity was serviced to the Flat in 2013.
When I applied for Katha in my name, the Panchayat Development Officer informed me in writing to get the Occupancy Certificate and Completion Certificate from Bangalore Development Authority, which has sanctioned the plan.
Guessing something fishy, when I applied for the certified copy of the resolution passed by the Panchayat along with the Occupancy Certificate and Completion Certificate, the Panchayat Development Officer has informed in writing that the said resolution is not passed by the Panchayat. (The Sl. No. of the resolution is not there in the Resolution book).
Neither the builder nor the Secretary of the Panchayat, who signed the documents, is responding to my calls.
I request you to please inform me who are all at fault / connived to fraud the buyers like me and what are the remedies available to me.
Thanking you in advance
Regards,
Harish
