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RITESH (DM)     10 May 2012

Suggestion required

I have booked one flat in may 2008 in 1400 persft rate. The flat is of 900 sft. so the cost comes around Rs. 126000. I have not talked about other charges as I thought that everything is included in this. The agreement was made of Rs. 1500000 because I have heard that the bank will not give full loan amount. The registration done in april 2009. At the time of registration the flat was not completed. At the time of registration he has taken around Rs. 1150000 from me. After that construction was stopped upto 2010. In 2010 I have paid again 27500 to builder as he has told he has no money to start the work. Then also work not started. after that we all flat owners done a police complaint against him but nothing is done by police. After that we all decided to complete the work on own so we have contributed 65000 each for common work such as electricity and water etc. and individual money for completing our flat. Now I have occupied the flat in oct 2011. yesterday I received a noticed from lawyer to pay the balance money to the builder. WHAT TO DO??????????/
 



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 May 2012

Dear Mr.Ritesh, 

In the fitness of things if police did not take action - you should have approached the magistrate concerned of your area for offences such as cheating etc. You should have filed a representative suit for breach of contract - specific performacne against the builder. 

However in any case - you are not obliged to pay anything to the builder. A perusal of the Notice sent is required to comment further.


Feel free to talk !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 May 2012

Dear Mr.Ritesh, 

In the fitness of things if police did not take action - you should have approached the magistrate concerned of your area for offences such as cheating etc. You should have filed a representative suit for breach of contract - specific performacne against the builder. 

However in any case - you are not obliged to pay anything to the builder. A perusal of the Notice sent is required to comment further.


Feel free to talk !

RITESH (DM)     10 May 2012

Thanks for the suggestion. One more thing I want to discuss that in the registration document only Rs. 791000 is mentioned.

Also I am confused that whether I m in compulsion to give the reply to the lawyer or not.

Also I want to ask that can we send the reply from anywhere in india.

Rahul (Director)     11 May 2012

 

Hi,
1) What is the Process for Redevelopment for Tenanted Property(Paghdi System)?

2) Whether Negotiations for redevelopment should be carried out with Landlord OR Builders/Developers appointed by Landlord?

3) What benefits can a tenant get from the Landlord, Builder/Developer?

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