Re - issue with builder
Querist :
Anonymous
(Querist) 25 November 2011
This query is : Resolved
18th nov ,2011
Query-- bulider had promised to hand over possesion of flat within 15 months from date of agreement (i.e. 16th dec 2008),but as on date construction is not over & the builder is applying delay tactics.taken loan from lic housing & have to pay emi every month apart from monthly rental for the flat where presently staying.pls advice what legal methods is there to get refund of self down payment as well as 90% loan amount payed by lic housing along with interest, from the bulider & compensation for financial debt & mental harasement
rajib
25th nov
after getting response from experts i wrote a letter to the concerned builder with copy marked to lic housing finance ltd. the copy of letter is attached herewith for your reference.
Sub- Possession of Flat( Block –C,Unit – 301) at Jai guru premises , Tarun nagar
This has reference to above subject and our sale agreement deed dated 18th dec,2008.
I would like to inform you that the the aforesaid flat was supposed to be handed over to me
on or within 15 ( fifteen )months from the date of this deed of agreement by making the said
premises ready for use & occupation .
Here, I would like to state that ,you have overlooked my repeated requests during our interaction on one to one basis, on the above subject & regret to inform that as on date, the flat is not yet ready for possession as per our agreement.
However the total time elapse is almost 35 months.This is complete breach of agreement on your part, which was done between us on the aforesaid date .
Inspite of all these things ,i once again request you through this letter, to kindly complete the flat in all aspects (including car parking) within 15 days of receipt of this letter.
A line of confirmation in this regard will be highly appreciated
Yours sincerely
Rajib Choudhury
now on receipt of the letter the builder has called me tommorow for discussion .i would want your suggestion in this regard for the discussion i would do with him..also would like to know that in the sale agreement as no mention was there that if delay occurs in handing over the flat ,the builder has to pay interest/compensation for such delay.so is it possible to get money back with interest ,in case he goes on further delaying the process.
your suggestion & response wll be highly appreciable
regards
rajib.
with reference to the above issue would like to state that as on date the builder has not completed all the work ( both external & internal) & there is no water in the premises as the water level in the exsisting deep boring has dried up and is not able to extract water & buider is not ready to provide any alternative deep boring . on 18th dec,2012 already 4 years has completed from the date of agreement & i am still residing in the rented flat.i have to pay EMI as well to LIC Housing every month.
Further the bulider says that if at all i give you the possesion ,right now registration of sale deed is not possible due to some issue with the land. ( i am surprised that how the govt authorities gave permission for construction if issue is there with the land?) I am in real dilemma .donot know what to do now.whom to approach ??? .pls suggest what should i do now to get possesion /or get my money back with interest & compensation to purchase another plat ( as price ascalation has alreay taken place in last 5 yrs).
regards
rajib
Shonee Kapoor
(Expert) 25 November 2011
Read the agreement carefully and argue what was promised and what was not delivered.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 November 2011
Even if specifically not mentioned in the agreement the compensation to be paid by builder to the allottees even then it is a common thing to know that you are suffering economically and mentally day by day due to deficiency of service and failure to keep words by that builder so you claim heavily and threaten him to bear your rent and interest on the loan till he provides possession of the house.
ajay sethi
(Expert) 25 November 2011
when you go to builder for meeting request him to give in writing when will he deliver posession .
in addition request him to give in writing that he shall pay interest for delay in handing over posession .
if after tomorrow meeting he doses not give any written assurances move the consumer forum for deficency in service nd for refund of money paid , interest and comepnsation
Devajyoti Barman
(Expert) 26 November 2011
File a case under section 12 of consumer protection act.
Querist :
Anonymous
(Querist) 26 December 2012
18th nov ,2011
Query-- bulider had promised to hand over possesion of flat within 15 months from date of agreement (i.e. 16th dec 2008),but as on date construction is not over & the builder is applying delay tactics.taken loan from lic housing & have to pay emi every month apart from monthly rental for the flat where presently staying.pls advice what legal methods is there to get refund of self down payment as well as 90% loan amount payed by lic housing along with interest, from the bulider & compensation for financial debt & mental harasement
rajib
25th nov 20211
after getting response from experts i wrote a letter to the concerned builder with copy marked to lic housing finance ltd. the copy of letter is attached herewith for your reference.
Sub- Possession of Flat( Block –C,Unit – 301) at Jai guru premises , Tarun nagar
This has reference to above subject and our sale agreement deed dated 18th dec,2008.
I would like to inform you that the the aforesaid flat was supposed to be handed over to me
on or within 15 ( fifteen )months from the date of this deed of agreement by making the said
premises ready for use & occupation .
Here, I would like to state that ,you have overlooked my repeated requests during our interaction on one to one basis, on the above subject & regret to inform that as on date, the flat is not yet ready for possession as per our agreement.
However the total time elapse is almost 35 months.This is complete breach of agreement on your part, which was done between us on the aforesaid date .
Inspite of all these things ,i once again request you through this letter, to kindly complete the flat in all aspects (including car parking) within 15 days of receipt of this letter.
A line of confirmation in this regard will be highly appreciated
Yours sincerely
Rajib Choudhury
now on receipt of the letter the builder has called me tommorow for discussion .i would want your suggestion in this regard for the discussion i would do with him..also would like to know that in the sale agreement as no mention was there that if delay occurs in handing over the flat ,the builder has to pay interest/compensation for such delay.so is it possible to get money back with interest ,in case he goes on further delaying the process.
your suggestion & response wll be highly appreciable
regards
rajib.
26th dec,2012
with reference to the above issue would like to state that as on date ( 26th dec,12) the builder has not completed all the work ( both external & internal) & there is no water in the premises as the water level in the exsisting deep boring has dried up and is not able to extract water & buider is not ready to provide any alternative deep boring . on 18th dec,2012 already 4 years has completed from the date of agreement & i am still residing in the rented flat.i have to pay EMI as well to LIC Housing every month.
Further the bulider says that if at all i give you the possesion ,right now registration of sale deed is not possible due to some issue with the land. ( i am surprised that how the govt authorities gave permission for construction if issue is there with the land?) I am in real dilemma .donot know what to do now.whom to approach ??? .pls suggest what should i do now to get possesion /or get my money back with interest & compensation to purchase another flat ( as price ascalation has alreay taken place in last 5 yrs).LIC Housing is also not taking any action against the builder ,except sending reqeust letter to do registration, to which the builder is not even responding
regards
rajib
ajay sethi
(Expert) 26 December 2012
we dont respond to anonymous queries
Raj Kumar Makkad
(Expert) 29 December 2012
You again have posted the same query which already has been attended so what is the use to do so?
