Possession of flat without proper finishing
yogesh mahla
(Querist) 29 April 2012
This query is : Resolved
I have bought a 2 BHK flat through a builder and has now been told to take the possession. However, the work in the flat has not been completed. By completing i mean to say that walls have not been whitewashed, railings of windows and balcony are not painted, tiles in bathrooms are broken, doors are not painted, main door is painted only from outside and not from inside. All these things have been told to the builder in writing. But builder's staff is saying these things are normal and will not be done by them. They are also saying these are budget homes so don't expect this kind of finishing. Nothing of this sort is mentioned in the buyer sale agreement. On further arguing with the marketing head of the builder, we have been told to take our money back. Kindly suggest can a case in consumer court be filed in this kind of scenario?
Devajyoti Barman
(Expert) 29 April 2012
You are not bound to take your money back.
Complain before the Consumer Forum. The case has god merit.
ajay sethi
(Expert) 29 April 2012
you have to address letter to builder pointing out that it is not possible to take posession of premises on account of deficencies ennumerated by you . request the builder to furnish occupation certificate from BMC .
based on reply issue legal notice to builder . file complaint before consumer forum for deficency in service , compensation
yogesh mahla
(Querist) 29 April 2012
@ Mr Sethi: Sir, the property is in Rajasthan( Alwar district). We have made the final payment and have not taken the possession yet. The receipt of the payment is with us and the payment has been made well within the time given to us for making the payment. Should we take the possession in the meantime or not? If we take the possession then does our case become weak?
ajay sethi
(Expert) 29 April 2012
is it mandatory in rajasthan for builder to obtain occupation certificate before giving posession of premises .
in mumbai it is mandatory . please cross check .
if you so desire you cna taklen posession under protest . mention the deficiencies . send letter by regd post ad .
move consumer forum
Raj Kumar Makkad
(Expert) 29 April 2012
The best course in the given circumstances to take possession under protest citing the already given letter and to file consumer complaint against him if he forces to take it or you need to have possession at the earliest.
prabhakar singh
(Expert) 29 April 2012
take possession under protest and file Complain before the Consumer Forum.
Shonee Kapoor
(Expert) 01 May 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
