Dear Sir/ Madam,
Please help as stuck in tangle and if not found proper channel than would be homeless by 26/12/2017
Old builder : Sadguru construction (prop. Bharat Joshi)
From 2006 till 2015
Purchased Flat : Flat no 1403 and registered on 2014
Joint Venture : Alta Sadguru construction 2013-2015
Flat no 103 : Given to us thru in person notary document for staying till my 1403 is ready in 2012
Flat no 103 : registered by Bharat Joshi / Mrs Joshi thru power of attorney on his son in law / daughter stayin in USA in 2014
Loan : Took loan from DHFL and now with Federal Bank and bank saying to take posession as they have defaulted.
New Builder : Alta Construction 2016 (prop Mukesh Shah )
(RERA registered –P51800010872)
Society : Sham Nirmal Chs , narsing lane, malad west
- We are family of 6 (senior citizen parents 70 + 2 daughters)
- We had purchased 3BHK on Jan 2008 & all my savings had been channelised.
- I paid full down payment of 38.45 lakhs,(Jan 2008 till Feb 2008).
- He had promised me possession in two years & after 5 years of no moments i approached him and writing letters to take legal actions.
- He settled with me 3bhk in same under construction building and thru one deed gave in writing than me and my family will stay here till my 14th floor is ready or will provide alternate accommodation in same building.
- After too many meets I got my flat no 1404 registered.
- In 2014 he got 103 flat registered on his son in law (Mr. Srujal Jayantibhai Patel residing USA & his daughter Rakhi Bharat Joshi residing USA) he registerred this document thru power of attorney on name of his wife.
- New builder came as joint venture with old builder tried to redevelop society some where in 2014-2015 and in 2016 old builder was removed and new builder entered into society as sole developer in 2016.
- Society has re-entered Development agreement in 2016 and stated my flat index two page is there in there document.
- We are leaving in 104 flat since 2012 (alternate accommodation given in lieu of my 14th floor flat) In 2014 he created loan on this flat and on 27/11/2017 Federal bank came to my premises and said he is defaulter (not paying bank installments) and you have to vacate flat in 30 days under sarferasi act.
- Society has been removed from development rights
- New builder in 2016 entered into agreement with society to build further.
- We would be homeless and running after legal consultants and am confused where do I run and how do I save my family from this issue.
- I am taking legal opinions and some suggested
- Approach DRT as I am in possession since 2012 and bank loan is created on 2014.
- Approach High court for Stay on this DRT order.
- Approach consumer court to claim late possession and damages.
- Approach RERA to get justice.
- How do I approach RERA as new builder says its old builders obligation but in society Development Agreement registered in 2016 society and new builder has acknowledge my Index II
- Approach criminal court to precede 420 and cheating case against old builder and claim damages.
- Approach new builder to recognize me and my flat.
- My Need to protect my family of 6 from being homeless
- Who will provide me alternate possession ?
- Who will give me late possession charges ?
- Do I need to file police complain / NC / FIR ?
- Will bank wait till my contract is over or given me 14th floor and than I will hand over possession to bank?
- Old builder in nexus with new builder playing game with me ?
- Again I have to shell out
- Legal Charges ranging from X lakh – X lakh
- Again for high court 3 lakh courfees + adv fees .
- Sleepless nights for assuming that if I am homeless or might be system prey
Please help and give opportunity to connect to person at your end and highlight this story of mine and want justice and not sympathy. I will produce all necessary documents on email or once you give opportunity to meet.
Law abiding citizen
Kokila Ajit Dalal , 70 years
Viral Ajit Dalal , 44 years
Dalalviral1973@gmail.com
