Denial of sale deed execution by builder
Dinesh Sharma
(Querist) 28 July 2012
This query is : Resolved
We purchased flat in 2006 at Nashik (maharashtra) and give possession by builder but BCC has not been recd. by builder due to side margin fault and gives pressure to flat owner to share the penalty but we denied, later on Municipality held up his other files hence he bound to get BCC after paying Rs. 8.00 lacs as penalty in Oct-2010.
Now he is not executing sale deed and asking Rs. 50,000/- from each flat owner.
We approach one advocate to move in consumer court but he told that there is a limitation period of two year from the date of possession which already expired in 2008.
What should we do ? Please suggest .
Dinesh Sharma
ajay sethi
(Expert) 28 July 2012
if builder has failed to execute sale deed you cn amove consumer forum for deficency in service . you can argue that it is a continuing offence . once flat is sold he is bound to execute sale deed in favour of buyers .
you must have addressed letters to builders for execution of sale deed .
file case for deficency in service and for comepnsation .
Dinesh Sharma
(Querist) 30 July 2012
Thank you so much sir for your suggestion but please also suggest about limitation period whether we can file the case or not as our advocate suggest that limitation period is over for consumer court.
ajay sethi
(Expert) 30 July 2012
you cna file case .it is a continuing offence . the builder has till date not addressed any letter wherein he has refused to execute a sale deed .
