Fraud in resale flat purchase
Shri
(Querist) 27 May 2013
This query is : Resolved
Sir,
I have purchased a resale flat in PCNTDA area. The deed of assignment has been carried out in my name, as the site was yet to be complete. In my agreement, it was mentioned that first owner will provide all the required documents for the transfer of the rights of property in my name, but no due date or time has been mentioned on it for fulfilling the condition.
The site work related to parking, gates and lifts is pending. However, buider is absconding since last 3 months. Now persons residing in buiding have decided to pay money from their pockets to get the site completed.
When I am asking my first owner about the money, he says nothing of that sort is written in agreement. The work society members are doing is required to obtain site completion letter, which is one of the most important document for conveyance deed.
My question is can I file a case against the first owner and obtain a compensation from him for the society work which has been not completed by Builder.
At the time of sale of flat he has submitted a NOC from buider for sale to bank.
ajay sethi
(Expert) 27 May 2013
your cause of action i s against the builder . you have purchased flat from first owner . uilder has given NOC flat transferred in your name . if bulder fails to complete flat the flat owners should move consumer forum against the builder to direct him to obtain building completion certifcate . , occupation certificate .
Shri
(Querist) 27 May 2013
Sir,
As per your reply, can I complain against builder in consumer forum. Do I have rights to file case against builder or against my first owner.
Shri
(Querist) 27 May 2013
Sir,
As per your reply, can I complain against builder in consumer forum. Do I have rights to file case against builder or against my first owner.
ajay sethi
(Expert) 27 May 2013
flat has been transferred in your name by registered agreement . you are absolute owner of flat . if builder has defaulted in building completion then file complaint against the builder in consuumer forum . contact a local lawyer .
Shri
(Querist) 27 May 2013
Thanks for your guidance sir.
ajay sethi
(Expert) 27 May 2013
thanks for your appreciation
