urgent- isuue with builder
rajib
(Querist) 27 December 2012
This query is : Resolved
Query-- bulider had promised to hand over possesion of flat within 15 months from date of agreement (i.e. 16th dec 2008),but as on date construction is not over & the builder is applying delay tactics.taken loan from lic housing & have to pay emi every month apart from monthly rental for the flat where presently staying.pls advice what legal methods is there to get refund of self down payment as well as 90% loan amount payed by lic housing along with interest, from the bulider & compensation for financial debt & mental harasement
rajib
ON 25th nov 2011
after getting response from legal experts of lawyersclub, i wrote a letter to the concerned builder with copy marked to lic housing finance ltd. the copy of letter is attached herewith for your reference.
Sub- Possession of Flat( Block –C,Unit – 301) at Jai guru premises , Tarun nagar
This has reference to above subject and our sale agreement deed dated 18th dec,2008.
I would like to inform you that the the aforesaid flat was supposed to be handed over to me
on or within 15 ( fifteen )months from the date of this deed of agreement by making the said
premises ready for use & occupation .
Here, I would like to state that ,you have overlooked my repeated requests during our interaction on one to one basis, on the above subject & regret to inform that as on date, the flat is not yet ready for possession as per our agreement.
However the total time elapse is almost 35 months.This is complete breach of agreement on your part, which was done between us on the aforesaid date .
Inspite of all these things ,i once again request you through this letter, to kindly complete the flat in all aspects (including car parking) within 15 days of receipt of this letter.
A line of confirmation in this regard will be highly appreciated
Yours sincerely
Rajib Choudhury
.
.
27 th dec,2012
Till date nothing has happened. the builder has not completed all the work ( both external & internal) & there is no water in the premises as the water level in the exsisting deep boring has dried up and is not able to extract water & buider is not ready to provide any alternative deep boring . on 18th dec,2012 already 4 years has completed from the date of agreement & i am still residing in the rented flat.i have to pay EMI as well to LIC Housing every month.
Further the bulider says that if at all i give you the possesion ,right now registration of sale deed is not possible due to some issue with the land. ( i am surprised that how the govt authorities gave permission for construction if issue is there with the land?) I am in real dilemma .donot know what to do now.whom to approach ??? .pls suggest what should i do now to get possesion /or get my money back with interest & compensation to purchase another flat ( as price ascalation has alreay taken place in last 5 yrs).LIC Housing is also not taking any action against the builder ,except sending reqeust letter to do registration, to which the builder is not even responding
regards
rajib choudhury
email rajibc1546@rediffmail.com
R.K Nanda
(Expert) 27 December 2012
contact local lawyer.
ajay sethi
(Expert) 27 December 2012
file complaint before consumer forum against builder . ask for refund of money with 18%interest and also seek compensation .it is advisable to get complaint drafted by lawyer
Devajyoti Barman
(Expert) 27 December 2012
This is a case of unfair trade practice and acute deficiency of service.
Get in touch with an advocate and file a case a case before the consumer forum.
Raj Kumar Makkad
(Expert) 31 December 2012
Consumer complaint shall serve your purpose in the given facts.
