Builder not giving possession
krishna kant dubey
(Querist) 08 December 2012
This query is : Resolved
I've booked my flat in 5-Oct-2009 in Rudrapur, within one month after booking i had paid 25% amount of property cost.
then i tried to get home loan from many bank,but after 1 year, in 10-Jun-2011 i got home loan from LICHFL, since then i'm regularly paying EMI of Flat.
when i did ask to builder about my possession of flat he told me that y"u will get possession of your flat after one year of first home loan installment.
so from March 2012, i'm following builder to give possession but he is telling to get it in next month.
Now after waiting one year , I've decided to take help from consumer court.
It has mention "Possession within 8 months from the date of Registry. In case there is any delay beyond 8 months the company shall pay penalty @ Rs -5/- Per sq.Ft per month(area of the FLAT).
My flat area is 685 Sq ft.
I need help about how to write application to consumer court and what subject line should i use and what amount penalty should i request from court.
Regards,
Krishna
Raj Kumar Makkad
(Expert) 08 December 2012
You have not told whether the registry of the property has been executed in your favour or not?
If yes, only then you have right/cause of action to move to consumer form as desired.
Better to avail the services of local lawyer as mere application shall not work rather a full fledged case is required to be filed.
Raj Kumar Makkad
(Expert) 08 December 2012
You have not told whether the registry of the property has been executed in your favour or not?
If yes, only then you have right/cause of action to move to consumer form as desired.
Better to avail the services of local lawyer as mere application shall not work rather a full fledged case is required to be filed.
krishna kant dubey
(Querist) 08 December 2012
Hello Raj,
I've receipt of flat booking and payment made by me to builder, can you please let me know how could i know about registry of property has been executed or not?
Please help me .
krishna kant dubey
(Querist) 08 December 2012
I don't have any registry related document and i did not get from builder.
so please let me know what steps should i follow to get it first?
Raj Kumar Makkad
(Expert) 08 December 2012
You have no registry so legally have got no cause of action in your favour on the basis of that agreement but still you should take the service of any local lawyer so that the agreement may be legally read over and suitable action may further be initiated.
krishna kant dubey
(Querist) 09 December 2012
OK, it means , i can request for possession only after getting registry first and what should i do if builder is not giving registry?
Thank Raj.
Raj Kumar Makkad
(Expert) 09 December 2012
Yes. You have properly understood the meaning of the referred clause.
prabhakar singh
(Expert) 09 December 2012
Even if registry has not gone so far you have right to claim as builder's right and liberty in this regard can not be supposed to be infinite.After all delivery of possession should and must be within a reasonable period.
It would be better for you to contact a good local lawyer.
krishna kant dubey
(Querist) 09 December 2012
prabhakar,
thank you very much for such nice advice.
ajay sethi
(Expert) 09 December 2012
it appears that builder has not executed any agreement in your favour nor is delivering posession although more than 3 years have passed since you booked the flat .
make an application to consumer forum for deficency in service and request for compensation for delay in delivery of posession and for directoion that builder should be directed to give posession of the flat .
V R SHROFF
(Expert) 09 December 2012
Agrees with experts advised :
consult local advocate & do as per his advice.
Raj Kumar Makkad
(Expert) 09 December 2012
*Ajay! Hon'ble Supreme court of India has decided in a recently delivered case unless there is allotment by the builder in favour of a person, no consumer complaint lies.
ajay sethi
(Expert) 09 December 2012
mr makakd the case of querist is that he has paid 25%payment . querist has booked the flat with the builder . the builder must have issued receipt and alloted flat to him on basis of booking amount . only agreement has not been executed by the builder . unscruplous builders cannot escape laibilty to honour its commitment after taking money from flat buyer .consumer complaint is maintanable
Raj Kumar Makkad
(Expert) 09 December 2012
*Ajay! I is generally seen that the builder do charge initial money just by offer to sale but do not make allotment of the particular flat so in these circumstances which also seem in the given case, the remedy do not vest in Consumer forum rather vests in civil court.
