Regarding balance payment to builder
Venkata Krish
(Querist) 07 May 2015
This query is : Resolved
Dear Sir,
My case is pending in District consumer forum against a builder. He threatened us and locked the flat and did not allow us to inspect the flat. Now when I have submitted an IA for appointing an Advocate commissioner in consumer forum judge has dismissed the petition and directed the opposite party to handover the keys for verification of the flat. Keys were handed over to me in the court and we have verified the status and found few works pending in the flat. We are going to submit a memo along with photos with all pending works. I have to pay a balance of approx 5 lakhs to the builder but would like to know what other precautions to be taken while taking the possession of the flat in the forum. we have already made a statement that we will take the possession with pending complaint once we are satisfied with the completion status but the opp party counsel made his submissions that the flat keys will be handed over only till the full payment of 5 lakhs is done. The judge is also saying that release the 5 lakhs and take the damages if any once the judgment is finalized. The handover is delayed is delayed by 1 year. how to handle this situation.
Rasik Dagli
(Expert) 08 May 2015
I think you should first pay Rs. 5 lakhs and take possession. If there are any defects or pending work, you can claim damages for the same from the Builder.
Rasik Dagli
Venkata Krish
(Querist) 08 May 2015
Fine Sir. Can you also tell me what other precautions to be taken while taking possession through the forum
bsrao
(Expert) 08 May 2015
Obtain
1) 'Completion Certificate' from the local body that approved the construction plan.
2) Electricity Connection name Change papers
3) Registered Sale Deed
4) Local Body title record
5) Receipt for full and final payment & no-dues from the Builder
Venkata Krish
(Querist) 08 May 2015
Sir what is Local Body title record?
Rasik Dagli
(Expert) 08 May 2015
You should obtain following documents:-
1. Title Certificate of the land on which construction is made.
2. Plans of building passed by Municipal Corporation.
3. Building use permission granted by Muni. Corporation.
4. Sale Deed registered in your favour.
5. No due certificate from Builder with receipt of full and final payment (it may be mentioned in Sale Deed)..
6.If a Society or Association is formed for the Scheme, membership Certificate for the same.
Rasik Dagli
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
the experts above have detailed advises/suggestions to follow. In the event of any more doubts on it, you may approach your advocate for more proper guidance.
