• Harassment of senior citizen

Sir

My father is above 80 years and Mother is around 77 years. They have booked a flat at Naktala, Kolkata in 2015 and have completed all the payments to the builder in 2017. At the request of the builder they have also paid the amount towards the cost of registration. However the builder is yet to install the lift and is not registering the flat in spite of repeated appeal. He is demanding extra money as loan. He is dilly dallying in any issues. My parents also entered into the flat when the builder is delaying it. My parents are too old and they are mentally very upset with this. The builder is also known to be a cheater and fraud and it has come to our notice that there are problems with other purchaser of the flats also. I being his son talked to the builder but he never kept his promise. I am also not staying out of Bengal on account of job compulsions. Please suggest a way out as my parents are down with the thought that all their life time savings will be lost

With regards

Debal Chatterjee
Asked 2 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu

Send a Legal Notice to the builder calling upon him to complete the construction of the building and the flat purchased by your senior citizen father in all respects, including fixtures and necessary installations. Also, call upon him to forthwith execute a sale deed.

If he faulters despite the notice, approach the consumer Court.

Vibhanshu Srivastava
Advocate, New Delhi
8567 Answers
134 Consultations

5.0 on 5.0

I understand the apathy that you are going through.

I would advise you to send a legal notice to the builder and then subsequently file a case in the consumer forum or before RERA (if the builder is registered with RERA)

If you do not want to disturb your parents you can also file the same on his their behalf.

Regards

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Lodge a complaint to the police and file a case in Addl. Chief Judicial Magistrate Court at Alipore, under section 156(3) Cr.P.C. charge with section 420,406 and 427 IPC. You should also file a case in Consumer Forum/Commission under sec.12 of the Consumer Protection Act for deficiency of service and unfair trade practice against the builder.

Minansu Bhadra
Advocate, Kolkata
408 Answers
28 Consultations

4.9 on 5.0

1) your father should issue legal notice to builder to register sale deed , to deliver possession of flat

2) if he fails to do file complaint against builder before consumer forum and seek orders to direct builder to execute registered sale deed in his favour

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

This is the very sorry state of affairs in real estate in west Bengal.

However there is nothing to worry as such actions of the builder falls within the category of deficiency of service and unfair trade practice.

So if your parent files a case before the consumer forum not only your grievances would be redressed but will be awarded with damages and compensation as well.

Feel free to contact if you need further assistance on this account.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

Hello Mr. Chatterjee,

i am manish Paul from ultadanga.

please send a legal notice to the builder without wasteing any time for completion of incomplete work and registration within a time frame. then lodge a complaint with the consumer forum. in this event you may contact with me.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

The Builder is claiming illegal demand. In this condition you may prefer an application before the tribunal for a direction against the builder to complete the registration of the property in stipulated time. RERA  has adopted by the government of West Bengal. If that Tribunal is not been established then you can move a petition before the consumer forum for such relief.

Shivendra Pratap Singh
Advocate, Lucknow
5105 Answers
78 Consultations

4.9 on 5.0

File civil suit for get it registration as your father paid entire amount to builder.

Criminal case also be filed under cheating and harassment.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.0 on 5.0

Sir

As the matter is serious enough , you can approach the Consumer Forum for relief.

First of all you have to collect all your papers together and thereafter file your complaint before the Consumer Forum for Relief.

The Consumer forum have the ample jurisdiction to make registration of your flat and mention the monies that you had paid for registration with it receipt.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

please move the consumer forum immediately against the builder. You will get necessary orders along with compensation.

Sanjoy Bose
Advocate, Kokata
17 Answers

4.0 on 5.0

If the peace talks with the builder fails, then the next option is to initiate legal steps for getting the desired relief.

Your father can engage the services of a local lawyer and issue a legal notice on the builder demanding fulfilment of the pending issues.

Upon the failure of the builder to comply with the demands made he can be dragged to the consumer forum for relief and remedies including compensation for the mental agony your parents suffered.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

1. It was not a good step to hand over the registration cost to the builder before the lifts are installed and before the possession is handed over to your father.

2. At this stage I shall advice your father to first take over possession of the flat from the builder against a possession letter to be issued by him.

3. Once possession letter is availed and possession of the property is taken by your father, he should file a complaint case against the builder alleging deficiency in service and unfair business practice claiming installation of lifts with in another 15 days and registration after 10 days thereof failing with penalty of Rs.1K per day, damage and cost. It should also be prayed that the builder should if the builder does not pay the penalty till next 6 months, his Bank account and/or house property shall have to be seized for the purpose of selling to recover his dues on you.

4. If there are multiple people facing the same problem with your father then all of them can jointly file the case before the Consumer Forum which is expected to be decided with in 1 to 1 & 1/2 years.

++++++

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

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