palak (manager) 17 May 2010

possession of flat

I bought a flat in baroda last year. Builder delayed by one year in giving possession. Now builder asking for one lakh rupees more unnessarily which i am not suppose to pay. The quality of construction is very sub-standard. The structure of the flat is very poor. My stamp has been done last year & the property has been mortgaged by bank as i have got a home loan.

Now builder keep asking money which i am not suppose to pay. He is harrassing me unnessarily & really giving me hard times. Pl advice me how to take legal action.

And how to do complaint in baroda municipal corporation ?

Also provide me copy of possession certificate.

Would request you to suggest me practical & best possible solution as i have invested my lifetime income in this property & i cant afford to loose it.

thanks.

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adv. rajeev ( rajoo ) (practicing advocate) 17 May 2010

You do one thing. Issue notice to the buidler regarding the sub standard construction of the flat and your refusal to pay the extra amount.

You have got every right to ask for the better constructed flat. Buider has play mischief with you. So it comes under unfair trade practice. Hence issue notice and seek for the compensation.

Darshan Panchal (Advocate) 19 May 2010

u can file a case in consumer forum for sub-standard construction and move an application simultaneously to the corporation or urban development authority which will bring builder to his senses. however, u will hv to send a notice before that. u can also file a suit in the civil court seeking direction from court to the builder to hand over the possession to u.

possession of flat

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