Prashant Dadlani 21 April 2019

Builder defies forums order to deliver flat possession

Dear law expert, I had consumer case against builder in 2009, which was disposed with an order to builder to deliver flat possession with compensation. Subsequently, cross appeals moved to NCDRC which upheld state's order last month. Meanwhile, my flat in project is ready since 3 years with OC. But, builder denied possession who is preparing to challenge judgement order at the Supreme Court. Whereas, I am fed up with fighting prolonged court battle of 10 years, without first occupying the said flat. Whereas, if I file execution of possession order, it may still take couple of more years, looking at huge cases pendency. So, I want to break-in the said flat forcefully and occupy the same and thereafter continue my legal battle. Hence, my queries are; 1) Will my said act be lawful? 2) Has builder any right to take legal action against my forced occupying flat without order bring executed? ( btw, flat is fully paid 5 years ago) 3) Will my said act, impair, harm or invalidate judgement orders by forums? Response from experts will be much appreciated.

Reply Follow

3 Replies

nikhil singh (Advocate) 22 April 2019

Such an act is an illegal act comes under criminal offence. Better file an execution. Compensation towards mental agony and harassment must have ordered by the Consumer forums. that would be paid to u with interest.

Prashant Dadlani 23 April 2019

Dear Nikhil Singh, My priority is occupying flat as I am heavily burdened with EMI & rental exprnses for last many years. Though 32 lakh compensation is allowed in forum order, it is practically non-executable. I have completely given up its recovery. Builder has shut down and sold his assets and is absconding/ untraceable since 2 years. He has cheated 3 more parties for 4 crores and criminal cases in courts are pending. I also registered criminal complaint with local police under MOFA for non delivery of possession. Police suggested me to break-in locked flat to occupy, as otherwise also, judgement has reached the finality. In this case please review and advise further. Thank you

Prashant Dadlani 27 May 2019

Dear Nikhil, Singh and the law fraternity here, I am happy to tell that, with the grace of local political influence, I started occupying my flat since about a month ago. The gentleman declined to take any single penny for the intervention rendered by the gentleman. Builder was traced out through some tip off..paid visit to hideout location. Just by seeing 'The team', I could sense how builder was filled with dread....Such is the level of power of political inflience for social casue. Hats off to the great soul existing in this evil world. Next day morning possession letter with other miscellaneous was delivered to my hand.... and thus,I occupied my flat. Society got wind of this episode and which automatically distanced away from creating hurdle for me from entering flat (to recover arrears acrued on this flat due to builder's misdeed) .

I am enjoying my living with family thereafter. Just strongly feeling regret that, why I couldn't get great wisdom to act 3 years ago itself, which could have saved my hard earned 10 lakhs amount spent on rentals. Needless to say, the toothless order was dumped.