I Have book a flat on zero percent interest on monthly installment from builder but he has not start construction of that flat till date he has made notarised greement of that flat but date of passion is not given in written in that and so I have cancelled booking of old flat after six years and purchsed Other ready constructed old flat at higher prise from that builder He has given me register agreement and He has mention one condition in that agreement that He has given me passetion of that flat and I have also taken that flats passetion after chaking but in practically This was not happen because this Builder has given this flat to his another customer for temporary use before 03 years from purchasing this flat and now this customer is says that He has also book a flat to that builder and paid some Amount to him for that. And He will not ready to leave custoday (make empty that flat) that flat. Until that builder is not given passetion of his flat Builder is totally avoid his responsibly to solving this problem from more than 08 months My flat is useing by that person who has not paid any Amount for that flat I have paid full amount but I have not getting the practically passetion of my empty flat with his keys. And concern builder is not meet me, not accepting my phone, not gives answer of my phone messages. And not taking any action against his constant for living the coustady of my flat. Which leggale action is taken against whom please give me a your valuable locale advice for this.
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1) file police complaint of cheating, criminal breach of trust against builder under section 406 , 420 of IPC
2) also file complaint against builder before consumer forum seek orders to direct builder to give vacant possession of flat in alternative refund your money with interest
3) seek litigation costs and compensation for mental torture undergone by you
You have two option.
1. File a police complaint against the builder for cheating, criminal breach of trust and wrongful gain .
2. File a complaint before consumer court for getting compensation ,damages and direction to give vacant possession of the flat.
Until builder have not sell that flat to me he is owner of that flat and he has right to give that flat to his costmar and his customer is also right to use that flat with parmition of builder but now builder has sold me that flat and gives passetion me in ragistar agreement and mention That I have taken the passion on that day. We both sign that register agreement then builder and his coustamar have not get any liggale right to use my flat without my permition because only I am the owner of that flat but his constant not ready to live coustady of my flat and uses it on free of cost. But you have not mention what legal action taken against him in your answer please guide me for that .
You can file suit for eviction against the trespasser as you are the legal owner of flat as you have purchased it by regd sale deed
Builder should be made party to the suit proceedings
It is the duty of the builder to hand over the possession of the flat at the time of registration of sale deed. More over it is your duty to take possession of the flat in time. If the possession was not getting yet, the option is to file a complaint against the builder on cheating. He has to explain his case before the court or police authority. And explain who given possession of the said flat to alleged tenant.
Suppose if you believe that the flat is in your possession then you file a case for eviction of the tenant who occupied in the flat.
If you file complaint before the police, it can be used as evidence in your damage application before consumer court
And concern builder is not meet me, not accepting my phone, not gives answer of my phone messages. And not taking any action against his constant for living the coustady of my flat. Which leggale action is taken against whom please give me a your valuable locale advice for this.
You first issue a legal notice to the builder to handover the physical possession of the property you have purchased vide a registered sale deed to which he has just given a symbolic possession.
If the builder is not responding, then you may file a suit for specific reliefs demanding the builder to perform his part of contract to handover the physical possession of the property by vacating the existing occupant.
The occupant also may be impleaded as a party to the suit.
We both sign that register agreement then builder and his coustamar have not get any liggale right to use my flat without my permition because only I am the owner of that flat but his constant not ready to live coustady of my flat
and uses it on free of cost. But you have not mention what legal action taken against him in your answer please guide me for that .
If you want to lodge a criminal complaint against the builder stating that he sold the property but has not physically handed over possession and had been illegally keeping a tenant in the house, collecting rents from him etc, an act of cheating and breach of trust and offence as per IPC, the police may intervene and the builder would be made answerable to this by which the builder may put pressure on the occupant and make him vacate and handover vacant possession.
If the police do not want to intervene then you may approach a criminal court with a petition under section 156(3) cr.p.c. seeking direction to police to initiate proper legal action agaisnt the complaint pending before them.