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ABDUL SAMI ABDUL LATIF (TECHNICAL TRAINER)     25 April 2015

Builder unable to give building permission

I booked a duplex house, the builder first did registry of the plot in his layout, then he asked for more money and he then started the construction of the duplex house, we paid as and when he asked, finally he asked to come to make final payments and take the possession, we paid the last remaining small amount and he handed over the keys and a file containing photocopies of documents, we were happy that though very late, at last we have our house, because the house construction was delayed we had to manage buy another house, and decided to sell the duplex in question, we made a natarised agrement for intention to sell to a customer, there we came to know that builder has not obtained building permission, out of 186 houses five are without permission and one is mine as described above. Now that i have a notorised agreement to sell, for which I have taken 50000 bayana also, it is found that builder lied in the construction stamp paper agrement copy (no original), how can i get relief, are there chances of justice in a short time? Please help this commonest man.



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 1 Replies

Hardeep (Business)     25 April 2015

1) The deal that you have now to sell the house is most probably not going to work out.

 

2) As owner, you should have got originals of all papers, not photocopies. 

 

3) As of now, your only recourse seems to be against the builder for recovery of money due fraud . Given the Indian Legal System do not expect quick results. Consumer Forum will be quicker and builders fall under the Consumer Protection Act.

 

4) Save up all evidences re payments made, agreements with the builder etc. and meet  a local, competent and committed lawyer with the details.

 

5) You could also check if there is any way permission for this house may be obtained now, perhaps by paying some charges to the concerned authority.

 

6) Join hands with the others in same situation as you. Putting common cases will help you all share the costs as well as take turns visiting the court, lawyers etc. as required.It may also help you put a direct case in NCDRC itself since amounts claimed could go above Rs. 1 Crore..

 

It may be a better idea to live in this house and give the other one on rent. At least you will be in possession.

 


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