• Builder not maintaining the apartment

Please advise on my situation.

- I bought an apartment unit from a builder who was my friend's father. The father and the son literally cheated me by making me buy on a bad locality. I was the first buyer when the land was registered. i bought only as an investment. They took 45 lakhs from me out which 35 lakhs is HDFC loan. I came to know their true nature only half way through the construction. It was only worth 20-25 lakhs in that area but i paid double. Since i came to know i was cheated i reacted to the builder. So he started showing his real character by delaying and threatening for money for even small things else won't hand over the keys and other stuff. So i had to keep quiet to get the construction completed and get the keys and docs. Since then no communication with him...He also said he will not talk to me for anything except if i have any questions related to documents.
- Last 3 years since after that i have been paying Rs40000 monthy mortage for a waste property and i couldn't sell it as well. When buyers come they look at the locality an go away....i am even ready to sell for 35 lakhs just to get rid of the loan and still no buyers are wiling to buy....The builder has kept the building so undirty that no human can stay there. He didn't sell any of the other units but renting it. Basically he made me invest for him so he can build the aprtmnet and rent it to make money...And i am paying interest to bank. As of now i paid around 20 lakhs as interest to the bank and 10 lakhs as downpayment. I have been under heavy stress and depression last 3 years....I couldn't sell it...

- He doesn't respond to my queries when asking him why he is keeping the premises dirtly. He is taking revenge now and not letting me sell...First me cheated me from a financial stand point and now continious torture by creating a bad situation so i can't sell...

- Can you please help me with legal options like police complaint etc to take action against him to keep the premises clean and also for cheating me.....I just want to sell it so i cam close out the loan...I don't even want my money back...Just want to sell for a price so i can close the loan...I am outside india so doesn't have any control/visibility of whats happening there and he is taking advantage.

Please help. This property is in chennai. If you help me provide some references in chennai for me to contact that would be helpful.I am planning to viist india next month and planning to go to Chennai to
take care of this matter so i can sell it.
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

1. You can lodge complaint with police but since it is a civil dispute the police may not intervene.

2. However there is nothing to worry much as you can seek speedy and efficacious remedy from the consumer forum.

3.If you file case in the consumer forum you will not get refund or alternatively delivery of possession but damaged and compensation out of this delay and harassment.

4. So file the case beofre the consumer forum to redress your grievances fast.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

depends on what you want.

is it compensation or is it him starting to fulfill his responsibilities.

the first one an be easier than the second one. You will have to file a consumer complaint and then fight it at the consumer forum.

Saptarshi Banerjee
Advocate, Kolkata
220 Answers
6 Consultations

4.5 on 5.0

file complaint against builder before consumer forum in chennai

2) seek orders to direct builder to form society of all flat owners

3) till formation to maintain the apartment complex

4) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. you should file a civil suit for recovery of money on the ground that you have been cheated.

2. if a party to the agreement is cheated that agreement, u/s 17 indian contract act, is a voidable agreement and the party who being cheated may claim his loss under section 19 of the contract act.

3. he is bound to reimburse all loss occurred by you because of the agreement.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. you should hire a good advocate and try to prepare a valuation report from an authorised valuer to show the actual value of the property.

2. it will support your case that actually you have been cheated.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. It appears that you have made a bad investment in buying the flat without evaluating its future sale prospect and also the prevailing price of flats in that locality while buying the flat.

2. What were the terms for maintenance of the building as mentioned in the agreement for sale which you two had entered into?

3. Was the builder responsible for maintenance and upkeep of the building as per the sale agreement till an association is formed after selling of the flats?

4. If yes, then file a complaint case against the builder for deficiency in service and unfair business practice claiming refund of the money you have paid for buying the flat which he sold to you without complying with the terms of te sale agreement with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If a builder promises to maintain the premises sold by him and then dishonours the promise it amounts to deficiency in services, which is actionable before the consumer forum through a complaint case u/s 12. So you can sue him to claim damages and also seek directions to maintain the apartment. Initially issue a lawyer's notice to him and then proceed to consumer forum.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The builder cannot be held responsible for the dirty atmosphere.

If this is not a flat system property, then he has no liability towards cleaning or maintaining the house property once he had completed construction and handed over it to you.

You can take legal action against him if he has cheated you on any count but you have to prove it.

If there are more apartments, then a society may be formed and ask the builder to handover the premises to the apartment association, which can maintain the premises out of the funds collected from all the members.

Sitting outside the country you cannot monitor the developments, you can give power of attorney deed to someone close and confident who will act as a care taker as well as your representative at the time of requirement and can keep a constant supervision over the property including negotiations for sale of property on your behalf.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1) you need to engage a local lawyer

2) file complaint before consumer forum

3) police would intervene as it is a civil dispute

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Since there has been no sale of other flats, the builder shall have to maintain the said flat.

2. File the complaint case before the Consumer forum as advised in my earlier post.

3. You can not claim compensation for his charging higher price than the then prevailing market rate since there is no rule for selling at the marker price. Here the price in the market is fixed based on market demand and supply. In the instant case, you were to verify the prevailing price of flats in the said area before buying your flat for which he can not be blamed.

4. No criminal action lies against the builder at this stage and any such attempt will be wastage of money.

5.File the consumer case claiming compensation also for reducing the market value of your flat by not maintaining the complex for which you could not sell your flat.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

For filing a case before consumer court agaisnt the builder, if you are conversant with the consumer laws and procedures, you can file a complaint on your own without the help of a lawyer.

Where is the criminal offence in this so that you would approach police for this.

If he is obstructing your proposal to sell the property or if he has cheated you in terms of money by defrauding you or not returning your money etc, you can approach police seeking relief and remedy for other issues too.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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