• Need info on property law

Hello ,

I bought a property in Bangalore. Salarpuria celesta . The property was supposed to be deliver on December . Builder had taken all the money including maintenance (car park , pool,club house) which is not ready still .

But now build is saying registration will take time and no information on OC .

I want to know what right i have and i can i do to .

Let me know if you need agreement details .
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1. It is not clear when the property was expected to be deliver to you so as to find out the delay arising out of it.

2. If the delay is of several months without any prospect of immediate registration and delivery of possession then the builder is guilty of unfair trade practice and deficiency of service.

3. In that context you can file a case before the consumer forum seeking registration of the property, delivery of OC and damages and compensation for the delay made by the builder.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) in case of delay in delivery of flat builder is bound to pay you interest for the period of delay

2) the rate of interest should be same interest charged by builder for delay in making payment by the flat purchasers

3)it is duty of builder to obtain OC from BBMP

4) if he fails to do so file complaint before consumer forum and seek orders to direct builder to obtain OC , pay you interest for delay in delivery of possession . litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

since builder has failed to complete construction within stipulated period seek interest for delay in delivery and other reliefs as advised herein above

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If grace period has expired then you can file case in the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. If you have entered in to an agreement with the builder and the agreement mentioned a time period for delivering possession of the said property which has not yet been delivered to you despite your complying with all the terms of the said agreement, then you can approach Consumer Forum seeking justice.

2. File a complaint case before the local District Consumer dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate delivery of possession of the said property and registration of sale deed within next 15 days and/or penalty of Rs.1K for each days delay with interest, damage and cost.

3. It is a good case to win.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Your builder has just crossed the stipulated period for delivery of possession of the said property.

2. You can send him letters claiming delivery of the said possession now to build up your legal file and after another 3 months, file the said complaint case before the Consumer forum as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

HI

You should proceed against the builder in either

a) the state consumer forum (If the value of property plus compensation is less than 1 crore)

OR

b) at National consumer Dispute Redressal commission(if the value of property plus compensation is greater than 1 crore)

and claim the following

1) Interest for monies paid from agreement of sale till date of judgment(Currently NCDRC grants10% P.A Simple interest) and

2) Costs of alternative accommodation as per your agreement of sale and

3) Costs(legal).

All consumer forum's are aggressive and in favour of consumer and many builder's like L&T, Shobha,, Parsavnath, Unitech etc have been taken to task for delayed promises and failure to adhere to terms stipulated in agreement of sale.

In your case the hand over date is June 2016 and the grace period is 6 months which means the builder has to technically complete his deliverable's by December 2016

Next steps:

1) Please issue a legal notice to the builder and

2) Based on his reply, you should file in State commission or National COnsumer Dispute Redressal commission as early as possible.

Filing in State commission and National consumer Dispute redressal commission has its own advantages and the details are as follows:

a) Lower court fees(4000 in state commission and 5000 in NCDRC)

b) Faster time lines for commission proceedings and

c) Appeals(Orders of state commission are appealed in NCDRC and orders of NCDRC can be appealed in Supreme court only and

d) State commission is headed by Retired High court judges and NCDRC by retired supreme court judges and hence it will be a night mare for any builder if you approach these commissions and

e) No requirement of your personal attendance (your lawyer will alone represent your case)

f) Compared to Civil court rules of practice, the practice rules of consumer forum is that even a layman can file a complaint and argue his case without knowledge of law.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You have to refer to the condition in the sale agreement about the delay clause from builder side.

You can issue a legal notice to the builder seeking compensation for the delay in handing over possession properly.

After this you can drag the builder to consumer forum seeking relief and compensation for the mental agony too.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

No I have paid everything except registration . No information on OC and registration till now.

Is is advisable to file a case in consumer forum ?

You may first issue legal notice and seek explanation and demand compensation for the monetary loss.

If the builder is not responding or cooperating properly then you may drag him to the consumer forum seeking relief and compensation..

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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