Flat delayed and common facilities incomplete
NC Mistry
(Querist) 21 February 2015
This query is : Resolved
Builder delayed completion of flat by 4+ years. Possession given to many and owners are living here. Common facilities incomplete, occupation certificate not given. There is arbitration clause in purchase agreement. Flat owners society is formed and registered. But property is yet to be transferred to society. They are maintaining the complex with the one year society/maintenance deposits collected from flat owners. Builder is not responding to letters of the society. What is the best course of action for the flat owners/Society?
Devajyoti Barman
(Expert) 21 February 2015
if are aggrieved by the conduct of the builder then file case in consumer forum.
Dr J C Vashista
(Expert) 22 February 2015
I agree with the expert advise of Mr. Devajyoti Barman, move to the Consumer Forum as well as lodge police complaint.
You can also move in court and file a suit for specific performance, consequential damages and mesne profits with interest.
R.K Nanda
(Expert) 22 February 2015
agree with experts.
Rajendra K Goyal
(Expert) 22 February 2015
Well advised, agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 24 February 2015
Yes a case against the erring builder before consumer forum may fetch reliefs.