• How to occupy my house

I bought a villa in Hyderabad on 28 April 2016 and the builder was supposed to handover the completed villa within 6 months as per agreement. By Sep 2016 I have paid 90% of the pending amount.

However, My builder took advantage of my absence and didn't complete my house. After repeated calls and meetings somehow he has managed to complete 90% last month house with improper materials and what i have seen is shabby work.

He locked my house and is asking to pay all the pending amount so that he can resume the work.

I have sent him a notice through registered post (Sent personally) with all the pending works and asking to give reasons for delay, for which he has responded through his advocate and all in his response he denied allegations, I have responded to there response and mentioned that I have all the proofs to prove them wrong and asked them to complete my house in 2 weeks post which i will inspect the house and accordingly I will pay him the pending balance. I have not received any response for my second notice.

To my surprise, he started the work little bit and started pestering me to pay the pending amount and now locked my house.

What I am looking for.
I want to occupy my villa immediately with the pending works and I will personally finish the pending works and not pay money to the builder. Please suggest the best possible way to do so.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) it is necessary to peruse your agreement with builder to advice

2) if builder failed to complete work by September 2016 file complaint against builder before consumer forum and seek orders to direct builder to complete construction,obtain occupation certificate

3) also seek compensation for delay in delivery of possession and litigation costs

4) you should not take possession now . Builder responsibility to complete construction obtain OC

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

Hello,

Send a legal notice to the builder to this effect.

If he fails to comply with the terms of the agreement file a case in the consumer forum if the villa was bought for residential purposes.

Claim the legal fee along with the amount for mental harassment.

Send a notice through an advocate and not personally.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Send a legal notice to the builder through a lawyer, calling upon him to forthwith handover the possession to you, despite the fact that there's some work pending. In case, he doesn't formally hands over the possession, you have the option of approaching the Consumer Forum.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hi

File a suit for cancellation of the agreement of construction with your builder and present your proofs in the court . Also file for the compensation of the loses occured to you due to the delay of work and low quality of work.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hi, the builder will transfer the flat in your name only after you pay the consideration amount. It is advisable to approach the consumer court , and ask for the compensation after paying the balance amount so that you do not default on your part

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

What it the clause in the regard says in the agreement entered between you and the builder?

The builder cannot escape the liability.

You can rope in a qualified engineer from your side, inspect the property and the construction so far completed, get a detailed report of all the drawbacks, including the substandard material used for the construction and the quality of the construction completed so far and the overall assessment.

On the basis of the Engineer's report, you may issue a lawyer's notice to the builder pointing out all the defects and ask for compensation and also completion of the incomplete work, failing which he may dragged to consumer forum seeking relief and compensation.

Dont occupy the villa immediately because the builder may turn the table on you stating that it was you who are the cause for the damages after occupying it hence he will wash away his responsibilities.

Discuss with you lawyer at length before initiating any legal action

T Kalaiselvan
Advocate, Vellore
87008 Answers
2335 Consultations

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