Amish Sheth (Manager - Recruitment) 09 April 2014

Tripartite agreement in navi mumbai - fraudulent builder

Dear Senior Lawyers,

I need your advice on few specific queries based on the below Case History. I would be thankful to you for your valuable inputs.

I purchased a 960 Sq. Ft. Flat in Koparkhairane, Navi Mumbai back in March 2008. I do have a active home loan on this property with ING Vysya Bank, Mumbai. Property was bought based on the 12.5% Gaothan expansion scheme - Tripartite Agreement done between the Builder, Villager (owner of the Plot Land) & CIDCO.

Problems:

NMMC Property Tax is still in the name of the Villager (Owner of the Land from whom the Builder purchased the land and built the Building). Basically the NMMC Property Tax is still not transferred in the name of the Builder.
We (There are total of 7 flats, out of which one is still under the ownership of the Builder) are ready to pay our share on the property tax but the builder is not cooperating and asking us to pay him the money. We don't mind paying him the money but in the month of April 2013, we did pay him our share of money and he never paid the NMMC Property Tax Bill till October 2013 and than we requested him some 20 times to pay our money back and luckily 3 Flat Owners including myself got our money back.
Builder is a fraudulent person in monetary transactions. He is not even paying his Building Maintenance since October 2013. Earlier we used to pay him 1000 Rs. every month for Building Maintenance but we stopped it because when we asked him about the expense report, he did not have anything to show us.
Builder did not pay the Water Bill (Yes the Building's official NMMC Water Bill comes on Builder's Name) for almost 2 years and still we are clearing off the Water Bills with penalty which is double the bill amount every 2 months.
I checked with ING Vysya Bank that why did they disburse the Home Loan on this property to me without checking on NMMC Property Tax bill which is still not in the name of Builder's Firm. They cleaned their hands stating that they had received signed NOC from Builder as well as my signature is present in that NOC.
OC, CC and all the other necessary paperwork is in the name of Builder's Firm.

My Queries:

We would like to form the society for which we would require Builder's NOC. If Builder doesn't give us the NOC for Society Registration, what would be the legal process and the timeline to closure?
Is there a possibility to Go Legal against the Builder for the non-payment of the NMMC Property Tax bill and if Yes, please explain me the process?
What would be the legal process to request NMMC to provide us individual Property Tax Invoices so that we the Flat Owners can pay our own Property Tax immediately?
Builder has not provided any official expenses report to us for the building maintenance we have been paying since 2008. Yes, we do have few official bank transactions (wire transfer entries and cheque payments) done to the builder for the Building Maintenance i.e. 1000 Rs. per month. Can we file a legal case at a Consumer Court in Belapur, Navi Mumbai summarizing all the above factors? If yes, please guide me on the process.
Can I file a case against ING Vysya Bank for cheating me as a customer and also there is strong case of under table corruption which can be added as I am confident that the Bank Agent involved with the Builder must have got under-table money to get the documentations set at the Bank and disburse the home loan. I am saying this because 3 other Flat Owners are having the Home Loan in this building with the same bank i.e. ING Vysya Bank.

Your valuable inputs and detailed explanation would be much appreciated. I am currently in state of mind where I really don't know whom to approach. If I go to a Local Lawyer, he might get a better fees from the Builder to put down my Case at the right time and hence I am really worried.

Please help!

Regards,

Amish

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2 Replies

Advocate Ravinder (Advocate/Attorney) 09 April 2014

1. We would like to form the society for which we would require Builder's NOC. If Builder doesn't give us the NOC for Society Registration, what would be the legal process and the timeline to closure?

---If the Builder does not give NOC you can file a consumer case and claim the reliefs you want.

2. Is there a possibility to Go Legal against the Builder for the non-payment of the NMMC Property Tax bill and if Yes, please explain me the process?

---It seems mutation of your name (flat holder) has not been transferred yet. Since you have valid sale deed of your flat, you can give application before the Municipal authorities and get the mutation done. Henceforth, you can pay the Municipal tax directly.

3. What would be the legal process to request NMMC to provide us individual Property Tax Invoices so that we the Flat Owners can pay our own Property Tax immediately?

---As above--

4. Builder has not provided any official expenses report to us for the building maintenance we have been paying since 2008. Yes, we do have few official bank transactions (wire transfer entries and cheque payments) done to the builder for the Building Maintenance i.e. 1000 Rs. per month. Can we file a legal case at a Consumer Court in Belapur, Navi Mumbai summarizing all the above factors? If yes, please guide me on the process.

---Yes, you can file consumer case claiming all your requirements.

5. Can I file a case against ING Vysya Bank for cheating me as a customer and also there is strong case of under table corruption which can be added as I am confident that the Bank Agent involved with the Builder must have got under-table money to get the documentations set at the Bank and disburse the home loan. I am saying this because 3 other Flat Owners are having the Home Loan in this building with the same bank i.e. ING Vysya Bank.

---No, do not involve ING Vysya Bank into your disputes. Corruption is everywhere, it is not a new issue. Since you are the beneficiary of the loan, you should be cordial with the Bank officials. Your grievance is with your Builder, target him only and leave the Bank officials. Normally, bank officials grants loans basing on the title deeds of the documents and they will give a lenient view to the procedural aspects, such as mutation, changing of name etc. Still if you have any doubts, please contact me on ravinder2345@gmail.com and 7893011777.