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Roopa (none)     30 January 2010

Need suggestion

I had booked a flat in groundfloor with the understanding that if builders get the approval for one more floor then i'll shift to the top most floor. The project got very delayed and i went offsore in 2005, and in may 2007 got cummunication from bank for loan payment so i started paying my emi's from there itself, that time i could not find the status of flat. after coming back in aug 2008 i come to know that the builder has commited that same flat to another person and he refused to do the finishing work and did not let me do the resistration for that one instead he has agreed to finish it for the other person who is willing to get it finished at his own cost even after knowing that its been booked by me and want to get it registered.

I have the booking doccuments n loan aggrement with me and i have paid abt 3 yrs of emi on this flat.

I want to know what are my legal options in this situation.

Regards,

Roopa



Learning

 5 Replies

Suchitra. S (Advocate)     30 January 2010

File a consumer case against the builder and pray for the compensation for the delay, as well as getting the flat registered in your name. It is deficiency of service.

1 Like

Arvind Singh Chauhan (advocate)     30 January 2010

I agree with Suchitra.

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 January 2010

 you can also file a suit for specific performance, that the builder has violated the conditio. but court fee is based on the value of the flat. If you prefer to approach Consumer Forum, then it is cheap as to Court Fees

1 Like

S.Sumathi (Exe.Asst.Admn)     01 February 2010

Hi, My name is Sumathi, I and my sister have a land in Shanthingar. It was in my fathers name after partition it has come to me.

When my father was alive his friend who was next to our site asked my father until his house got constructed, his servant ca stay in our place and they are in possesion of our portion of land. suddenly my father died of heart attack in 1999 and now in 2008 our partiion was made.

Now when we aksed those people to vacate the place they are not ready to go, we made a complaint through commissioner and they investigated and asked us to go to court.

Kindly suggest me how to go through this case.

Sumathi

 

 

 

 

Arvind Singh Chauhan (advocate)     01 February 2010

File a civil suit for injunction in civil court, Dont delay otherwise he may take the plea of adverse possession.


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