Builder delaying giving us possession of our flats
TREVOR
(Querist) 22 July 2014
This query is : Resolved
I have invested in a property (3 BHK) apartment in Mangalore. The Builder seemed at that time to be of good reputation and is based in Bangalore. He floated this project about 5 years ago and I joined in & invested in this 3 BHK flat more than 3 years ago.
All the owners, have virtually paid up 95% of the cost of the flat,as the building is almost complete., we have got Electricity & Water connection. The following jobs remain pending.
1) The commissioning of the Sewage Treatment Plant
2) Installation & commissioning of the ST By Generator
3) Installation & commissioning of the 2 Elevators.
4) Fixing of all Gym equipment as per rules.
5) Various minor defects that need to be fixed once they are pointed out be each of the flat owner inside their flat.
Despite all these deficiencies, the Builder has gone ahead & requested the Municipal Corporation to provide the "Occupancy Certificate" they have done this almost 12 months ago & the corporation has rejected.
The Builder is pressurizing each of us to take possession of our flats in the present state by paying all outstanding dues which includes the remaining 5% + car Parking + KSEB dues+Water Connection charges etc:-
All the owners have got together and rejected the Builders proposal & insist of complete the pending jobs & immediately we shall take possession & register our flats.
There seems to be a stalemate on both ends, & all correspondence has stopped with the Builder. Some of us are planning to send him a legal notice, but the advocate whom we have contacted states that the agreement that most of us have signed is one sided and is in favor of the Builder and he sees no hope in pursing the case. There are some of us who do not have any agreement but rather only an allotment letter was given to him at the time of investing. The advocate says that in this case there is hope & chances of getting your investment money back with 18% interest is possible if matter is filed in the Consumer courts / civil courts.
Please- we request you for your expert advise in this matter.
ajay sethi
(Expert) 22 July 2014
issue legal notice . file case against builder before consumer forum for deficiency in service and to direct builder to obtain OC and for compensation .
ajay sethi
(Expert) 22 July 2014
in the alternative you can seek refund of money together with interest at 18%pa
Thyagarajan
(Expert) 23 July 2014
Ensure the time limit of filing the case before consumer forum has not exceeded 2 months from the date of your lost correspondence with builder
M V Gupta
(Expert) 23 July 2014
Yes. Taking recourse to consumer forum is the proper course of action. The fact that the agreement is one sided will not affect ur case. The forum can order the builder to complete the balance works in a specified time and obtain OC and hand over possession of the property to all the buyers. Approach an Advocate who is practicing in the consumer forum.
TREVOR
(Querist) 16 October 2014
Dear Sir,
Thanks very much for your advice, could you kindly suggest some advocates from Mangalore who are experts in Consumer Courts.
We have already sent the Builder a legal notice, however he has refused to accept the registered notice & the notice has been sent back to the advocate.
TREVOR
(Querist) 16 October 2014
Do we need to file this case ONLY in Mangalore since my property is at Mangalore? or can we get the case filed in Mumbai concerning this Mangalore property?
By the way, the Builder is based in Bangalore with an office at Mangalore as well.
M V Gupta
(Expert) 16 October 2014
Jurisdiction of the Forum depends on where the agreement is signed and payments for the cost were paid. If the agreement is signed at Mumbai and if there is no clause in the agreement restricting the jurisdiction of courts to Mangalore or Bangalore, it may be possible to file the suit at Mumbai.
TREVOR
(Querist) 18 October 2014
Thanks very much for your comments.
May I request you to please go through the following link & let me know what you think of this Builder.
http://www.complaintsaboutbusiness.in/skyline-builders-cleverly-go-by-another-name-of-eternity-builders-beware
ajay sethi
(Expert) 18 October 2014
complaint ought to be filed in Mangalore as project is being executed in Mangalore . the sale deed must be registered in mangalore .
for lawyers in mangalore search LCI data base .
