Hello. I am from Bengaluru. I have booked an apartment in October 2012. As per the sale deed the expected possession was December 2015. Only document I have for this pruchase is the registered sale deed. The builder had offered to take possession (strictly to proceed with interiors only) during January 2017 and I have a key for the flat. The builder has been saying some clearance is pending whenever we ask for an update. We have not got electrical connections till now (though transformers are in place) from BESCOM. There are few works like plumbing, common area works, amenities that needs to be completed. Since we have not got the completion and occupancy certificate no body had occupied the flats yet. We don't get any factual update from the builder on what clearances they have got and what is pending or what is the problem. I have filed an RTI but has not got any response and awaiting response on First appeal from BDA. From my research this project is through the Environment Clearance. Since I am not aware of any legal proceedings I am writing here for a guidance. Opinions like approaching consumer court, redressal forums, file property cases, etc. shows up while searching. But at this situation I don't know what option is the right one for us (about 60 odd apartment buyers are there). Which legal option can get us an earlier result.
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Hi, This is the clear case of deficiency of service so you have to approach the consumer court and file a complaint in the court against builder for deficiency of service and also delay in handing over the possession of the apartment.
2. You can claim compensation in the court.
best option is to approach consumer fourm seek orders to direct builder to obtain OC and to deliver possession of flat
2) to direct builder to pay compensation for delay in delivery of possession
3) claim litigation costs from the builder
For your current situation the best option fast and quick would be to issue a legal notice to the builder asking him to immediately hand over the possession of the flat failing to do so, you can file a consumer complaint against the builder and demand delay compensation along with further directions from the court to the builder to complete all construction related work and formalities at the earliest and hand over possession to the consumers.
Thank you so much for the response. I misunderstood the "agreement to sell" as a "registered sale deed". With this as the only document still am I in a position to send a Legal Notice and approach consumer redressal forum? It would be of great help if you could say the approximate value on what would be the cost to send a Legal Notice and consumer redressal forum for the value of 27 lakhs.
you cn aapproach consumer forum even if builder has only executed agreement for sale and not regd sale deed
2) litigation fees vary depending upon lawyer engaged by you
The inordinate delay by the builder to procure CC or OC in respect of the completed flats is deficiency of service.
Moreover he has not responded to the demands made for completing the incomplete works namely electrical and plumbing works and other related works, hence he can be dragged to consumer forum seeking relief and compensation for the deficiency in service and also for the monetary losses you suffered due to the lethargy and negligent attitude of the builder.
The registered sale agreement is the basis that you have to initiate the legal battle against the builder.
The lawyer's fee to send the legal notice would depend on the lawyer you may engage and the court fee for consumer court case can be enquired locally in the consumer forum situated within your residential jurisdiction.