Delivery of posession of flat & registration
rajib
(Querist) 26 January 2014
This query is : Resolved
Dear Sir
I had booked a flat at Guwahati in DEC 2008 through finance from LIC Housing & as per agreement with builder, it was supposed to be handed over to me by March 2010 ( within 15 months from date of booking) .Till date some work is left for completion & despite my repeated requests ,to complete the work & hand over the possession ,it has not been done,where as the total time elapse is now more than 60 months.
Even in reply to one of my letters written in Dec 2012, where I had mentioned that it is acute deficiency of service on his part & that I am suffering both mentally & financially on day to day basis, the builder has written that this delay is not intentional& that due to circumstances beyond his control ,he is unable to complete the work & sought time for 2-3 months to complete the work & hand over possession in March 13,which also he has failed to do.There has been no progress & now a days he is not receiving my phone calls & meeting him personally is not possible ,because once I go to his residence ,he is not available or does not come out.
Further recently ,I came to know that the land in which construction of flat has been done falls under urban ceiling act & that the flats cannot be registered .
However while making the agreement ,the builder had shown us non encumberence certificate ,permission from metropolitan development authority to construct the building etc. LIC had also sanctioned the loan & I think so they verify all documents before approving housing loan.
Now please suggest what should I do .
Should I complete the remain work myself & take possession or wait for the builder to do so.
Also please suggest how should I legally approach to claim compensation for such delay & should I first take possession & start the legal procedure.
Further will registration of the flat be possible ,if not what should I do .
Also pl suggest name of a reputed lawyer from Guwahati who has expertise in such cases for us to approach .
thanx
rajib
ajay sethi
(Expert) 26 January 2014
you can move consumer forum against the builder for deficency in service . in your agreement it is specifically mentioned that possession would be given by March 2010 . builder would be liable to pay compensation for delay in delivery of possession .
you can ask the consumer forum to direct builder to deliver possession within stipulated period . in alternative refund amount paid by you with interest .
also compensation for mental torture undergone by you .
for lawyers in gawahati search in LCI data base .
Advocate. Arunagiri
(Expert) 26 January 2014
I agree with Mr.Ajay Sethi, who had given a detailed reply.
Devajyoti Barman
(Expert) 26 January 2014
Yes before the consumer forum you can apply for desired reliefs.
Rajendra K Goyal
(Expert) 27 January 2014
Consumer Forum should be approached with a complaint of deficiency of service.
R.V.RAO
(Expert) 08 March 2014
agree with sri ajay sethiji.issue notice for deficiency of service and delay in possession.file a complaint in state consumer form for compensation and penal interest for undue delay,plus return of money paid to builder with bank rate of interest.
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
