Builder unwilling to register undivided share in common area and not completing the balance works
1. I purchased a villa from M/s X, Cochin for Rs 1,25,00,000. He initially promised to deliver the villa by May 2015. Agreement was signed on 07/06/2015. The builder registered the villa and 7 cents land on 21/03/2016 after I paid the full amount of Rs 1,25,00,000. The value shown in the sale deed was Rs 49,00,000. The builder had given receipt for only Rs 75,00,000. For other Rs 50,00,000 no official receipt but hand written receipt. Before making the payment, I had deducted TDS of Rs 75,000 (1%) and issued form-16B to the builder. Builder handed over the key on 20/04/2016 and also the original sale deed to me. I am paying the building tax, land tax, and electricity and water charges after changing the ownership.
2. An advertisement appeared in newspapers of 05/01/2017 disclosed that UCO Bank was going to auction several properties of this builder including the villa sold to me as the builder had defaulted a loan amount of Rs 64 crores approx.
3. Auction did not take place. The builder contested bank’s action in DRT. On 20/03/2017 he gave a letter from UCO Bank telling that his loan account with the bank involving this project was closed. How he closed the loan is not known. Might have replaced this property with some other properties in mortgage.
4. The villa given to me is not complete. Some civil works from builder side are pending. The estimated cost is eight lakhs. An amount of Rs 48,000 collected from me towards advance maintenance charges was not transferred to the association account though agreed in the signed contract. Hence I had to make the payment again.
5. Now the builder is not registering the undivided share in the common area though it was in the agreement. Swimming pool and other common amenities not yet completed. I doubt the common areas are still under mortgage. The builder is not ready to complete the balance works of my villa. He is not refunding the Rs 48,000. He doesn't give reply to my emails and letters. I am afraid that he may demand additional money when the swimming pool and other common amenities are completed and become operational. Immediately after registration, the builder had sent me an email telling that I have to obtain NOC from builder if I sell my villa otherwise there won’t be usage rights for the next purchaser.
6. Please advise me what I have to do in this matter. I have not yet started to live in that property as the civil works including some plumbing and electrical works by builder and cupboard works by me are pending. Not able to give on rent thus losing potential rent also. No income tax benefits as the bank did not release the already sanctioned loan due to mortgage by builder. I am paying maintenance charges @ Rs 74000 per year to the association. In a regd letter on 24/10/2017 I have explained all my losses due to the builder and demanded to refund me the amount of Rs 84,00,000 (125L-49L plus 8L being estimated cost of pending works), but no reply. Thank you.
Asked 7 years ago in Civil Law
If you suggest to file a criminal/civil case please inform me percentage chance of success.
Asked 7 years ago