Hi, The apartment progress where I booked flat is now standstill. builder says there is no money to further build the apartment as not much flat bookings happened. Location: Bangalore (Seegehalli, Whitefield) Project due date: Apr'2017 1.I have purchased land owner's share flat , so if I'm going to file a case legally then I have to go for filing against builder or land owner? 2.What should I do to get compensation? Per agreement project is already delayed (due in Apr'2017) and it was mentioned that Rs.8/sqft will be paid every month after the passed timeline. 3. Also, there is a BDA road issue. High Court passed the order to demolish wall in which one of Villa builder has illegally occupied BDA road. But, due to some political person staying in villa side it's not progressing. There is a clause in agreement that if at time of possession we don't get the road then 18% of booked amount will be paid/returned to purchasers. What can be done in this case? 4. Also, if I go for flat cancellation then what is to be done? What are the chances that land owner or builder will return my money back and how much I can claim? 5. As, more than 95% amount has already gone to land owner for my flat from bank, then what can be done in this case as I'm paying monthly EMI's to bank and having lot of loss by paying rent(rented flat) & emi (bank).
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1) you have to file case against landowner and builder
2) both are jointly liable
3) file complaint against builder and landowner seek orders to direct them to refund your money with interest
4) also claim rentals paid by you as builder has failed to complete construction on time
5) claim litigation costs and compensation for mental torture undergone by you
1. if you think that builder cannot complete the project in near future you should immediately file a case before the tribunal constituted under the RERA.
2. state of karnataka has adopted RERA.
3. you are entitled to get refund whole money, interest thereupon, loss incurred by you in such delay (like rent) and cost of the litigation.
1. You can file a case agaisnt the person with whom you have entered into the sale agreement.
2. Whatever agreed in the sale agreement as a condition/clause for seeking compensation due to the delay from the builder side may be demanded by issuing a legal notice and following it through consumer forum.
3. If there is court order on this then the builder has no option than to demolish the structure illegally constructed on the BDA road or else the BDA would demolish it and claim compensation and demolition charges from the builder. If road is not provided to you then you dont have approach road to road side from your house, therefore it is not wroth buying, you may cancel the booking citing this as reason and also claim compensation due to this illegal activity of the builder which deprived your rights as well as caused you injuries
4. You can cite the reasons you rely upon which are due to the fault of the builder for cancelling the booking
5. It becomes the duty of the builder to return the amount to the bank as per the tripartite agreement entered while sanctioning the loan by the bank.
