Non Fulfilment of lift and other works by Builder
Querist :
Anonymous
(Querist) 11 October 2010
This query is : Resolved
Sir,
We have purchased a flat and Builder is not completing Lift and other miscellaneous works.
Can we file a suit individually for non performance as per agreement at the time of sale.
Apartment is IN andhra pradesh.
we did not form association.
Builder gave a separate undertaking on stamp paper to me in September 2009 while paying balance amount. Proof of payment is also available with me.
As per that agreement it is to be completed by November 2009.Till date it is not completed.When approached by legal heirs of original land owner , who also owns a flat he is not agreeing to to hand over Lift room key (the legal heir wants do it from their funds) he is obliging and handing over the key.
suggest me how to file a legal suit
1) By me on the strength of agreement to me
2) by association of our apartment owners even if all the owners have not joined the association it due to various reasons if majority 6 out of 11 owners joined in it.
I require your valuable expert advice
Querist :
Anonymous
(Querist) 11 October 2010
sir,
my querry is open why it is showing as resolved can you rectify as open. the attachment of file what file?
Devajyoti Barman
(Expert) 11 October 2010
If you are dissatisfied with any service of the Developer/builder after making all the payment then being a 'consumer' as per the provisions of the Consumer Protection Act and hence you could individually file complaint u/s 12 of the Act before the Consumer Forum claiming for fixation of the problem and for damaged for the sufferance you had to undergo.
Non forming the Association is no hindrance either for filing a case collectively by all the flat owners or any of them individually.
Querist :
Anonymous
(Querist) 12 October 2010
Sir,
shall we add legal heirs original land owner also as party in our suit against builder as builders contention is he has incurred some amount towards registration of property in their name as Original land owner is on death bed as POA issued to builder is not valid upon death of original land owner. The contention of Builder is not correct as per legal heirs of Land owner. However they have decided to finish lift work and other miscellaneous works with their money. The builder is not accepting to give giveand documents relating lift (unfinished)
as suggested by sri Devajyothi Barman if you file a suit against builder , I presume but please confirm we have add legal heirs of original land owner as parties.
Further Please clarify Can builder hold back title deeds and other permissions and money receipts relating to property developed. What is recourse to owners of aparments
thans a lot in advance for giving valuable suggestion
