Builder's liable to penalty or not?
TR Madhavan
(Querist) 11 December 2011
This query is : Resolved
The builder has not constructed the building as per the approved plan and there was a case in the lower court between the municipality and him which recently went in favour of the municipality. As he is holding the terrace rights, as per law is he not solely responsible for paying penalty fee to the municipality to regularise the construction as well as providing other amenities, safety measures etc as per the technical approval given by the local authority for construction? If yes, please advice further course action.
V R SHROFF
(Expert) 11 December 2011
Approach Consumer Court, and Builder is liable to pay compensation, and also deliver you Flats & facilities agreed upon, or face consequences.
Raj Kumar Makkad
(Expert) 11 December 2011
You are not concerned with the penalty imposed upon builder. You should confine only upto your possession in time containing and fulfilling all terms and conditions and all necessary approvals.
Devajyoti Barman
(Expert) 11 December 2011
What is the details of the order passed in the lower court?
In any case if you are a flat byuer then you can go for necessary order in the Consumer Forum against the Developer.
Guest
(Expert) 12 December 2011
Agree with Shri Makkad.
prabhakar singh
(Expert) 12 December 2011
What is going on between Municipality and builder is not your business to watch.
Look into your agreement with builder to watch the situation of delay or frustration of agreement or any possible hamper to your right or danger to your funds advanced and accordingly move to FORUM for redress.
Dr J C Vashista
(Expert) 12 December 2011
Just take care of your interest and not what municipality is doing, move to the Consumer Court.
M V Gupta
(Expert) 13 December 2011
Not providing the amenities as per the agreed terms and handing over possession of the flat is deficiency in service. Filing a Compalint in the Consumer Forum would yield quicker relief.
Sunlawseeker
(Expert) 13 December 2011
You can file a complaint u/s 405,409 of Indian Penal Code,for criminal breach of trust and for damaging your land value.
Further, Go for Specific Performance, if JV clause permits.
File a complaint against competent Consumer forum.
