• Builder unable to complete the construction

dear sir
1 I had booked a flat in aliens space station -1 in hyderabad in 2009.
2 The agreement was made and i had payed rs 6 lakhs as advance registration is yet to be done.
3 SBI had sanctioned rs 26 lakhs and disbursed only 12 lakhs during agreement balance was to be released based on pogress of construction.
4 The flat was to be handed over in dec 2011 and till date only 20%is complete.
5 The developer is neither refunding the money nor handing over the flat
6 There have been confirmed news that the developer is selling same flats to multiple people

question - what are my options, consumer court or anything else

regards
sharad
Asked 2 years ago in Property Law from Hyderabad, Andhra Pradesh
1) issue legal notice to builder to hand over possession of flat and complete regsitration of sale deed 

2) move consumer forum against the builder for deficiency in service . 

3)you can  seek directions that builder should hand over possession of flat within stipulated period  in alternative seek refund of money paid with interest .

4) also compensation from the builder
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1) legal notice has to be sen through advocate 

2) complaint has to be filed in consumer forum as it does not attract court fees . 

3) in the complaint seek reliefs to direct builder to deliver possession or refund with interest and compensation
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1. This is a all India phenomena as far as conduct of the builders are concerned.
2. The builder is certainly responsible for the deficiency of service as well as unfair trade practice.
3. in that event you can file case in the consumer forum wherein you can pray for-
                                           i. Damages and compensation for delay caused in delivering possession of the property.
                                            ii. Refund of money in the event you wish to cancel the agreement.
4. To file such case sening of any legal notice is not mandatory.
Devajyoti Barman
Advocate, Kolkata
5246 Answers
54 Consultations
4.9 on 5.0
although issue of legal notice is not mandatory it is always advisable to issue legal notice before filing complaint before consumer forum
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
Delay in delivery of possession in a building is one of the most commonly faced and frustrating problems for a property buyer. Please remember that before you take any action, it is always advisable to send a legal notice to the opposite side giving them a chance to respond. Once a legal notice is sent, the builder may take action to solve the problem, and you can save the needless time and expense involved in going to court.

Remedy 
a. You can ask for a refund. If the builder delays the completion of the construction beyond the stipulated time, you are entitled as a property buyer to seek a refund from the builder. 
b. If you are buying the property for personal use, you can file a case in the consumer dispute redressal forum
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Does the agreement mandate that the possession will be delivered in Dec 2013?.

2.  You may issue a lawyer's notice to the builder to hand over the possession to you and transfer the title.

3. If the builder does not comply with the demand raised in the notice then you may move to consumer forum and file a case seeking possession or refund the advance money along with interest and also compensation.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Lawyer's notice is to be sent through a lawyer, whereas the case can be filed in the District Consumer Forum.

2. The court can direct the builder to give the possession or refund the advance money along with interest and compensation.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
A. It is an unfair trade practice if the builder entered into more agreements on the single flat.  You can issue a legal notice through your advocate to refund the advance amount with interest .

B. File a complaint before the consumer forum to give direction to the builder to complete the construction or claim damages and compensation for the delay of delivery of possession by submitting all material records towards the flat purchase transactions. 

C. Lodge the police complaint under the cheating and criminal breach of trust.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
1. File a consumer complaint before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming possession and registration of the flat and payment of rent till such registration is complete, damage and cost,

2. It is very good case to win.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Yes, you are a consumer as per Consumer Protection Act,

2. It is quicker to get the case disposed of in Consumer Forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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