Builder not completing site and transfer related activities
Shri
(Querist) 27 May 2013
This query is : Resolved
Sir,
I have purchased a flat in Pimpri Chinchwad New Town development Authority's Sector 16, Chikhali Pradhikaran area. The buider has given possession around 3 years before. While providing possession letters he has not mentioned about site completion. We are following him for completion of activities related to site (Work like Parking area finishing, Gates, Lifts, some outer walls finishing) is pending.
Also, he has neither formed the society nor applied in PCNTDA for completion.
When we approached PCNTDA after reading an add regarding deemed conveyance drive,they said that only buider can apply for required completion.
The problem is that buider is absconding since last three months and not available for contact with any one.
PCNTDA authorities have guided us to take legal advice. Can you please guide how we can move forward alongwith advantages and disadvantages of each step.
Shri
(Querist) 29 May 2013
Sir,
The query you are mentioning, I put it for my personal case. Here I would like to know can society member apply for completion with PCNTDA authorities. If so, what will be requirement for obtaining completion.
ajay sethi
(Expert) 29 May 2013
is society formed?
if possession has been given 3 years back society must have been formed . if not formed apply for society formation . move consumer forum to direct builder to complete the pending work and also ask for compensation .
in the alternative painting of outer walls, parking area finishing , gates work can be done by society . can claim reimbursement from builder
Advocate Ravinder
(Expert) 30 May 2013
Ajay sethi sir, Moving consumer forum and directing the builder to complete the pending work and also asking for compensation is ok. But the Builder is absconding and his whereabouts are not known. What is the procedure, how to summons him before the court.
What is PCNTDA can the author eloborate this.
Shri
(Querist) 31 May 2013
Dear Ravinder Sir,
PCNTDA is pimpri chinchwad new town development authority. They are the governing body related to town planning and development.
This land is a leased land to a farmer under some 12.5% land return scheme for purpose of development of residential properties.
The builder has got the development rights through the way of power of attorney trasfers in his name.
Now as per PCNTDA rules, this land lease is currently in that farmers name to whom they have returned the land. While conveyance, they will transfer this lease land in societies name after payment of required fees.
For doing so, completion certificate is required to be obtained from PCNTDA.
The builder has to lodge a request regarding site completion with PCNTDA authorities, since PCNTDA and Buider has undergone the development agreement.
We had asked PCNTDA, can we as a society move ahead for applying for completion, they directed us to ask a legal consultant.
Hence this question is placed here.
