• Finishing of apartment & quality of apartment

Sir,
I bought a flat in a 4 floor ed apartment,each floor with two flats total 8 flats in the apartment. I got registered in nov2016 which was under construction with GHMC permission.
As per agreement It has to be handed over by May2017. Builder is still pending the amenities Lift, Generator, NOC from GHMC , Electricity connection and proper water tank . Almost 100% amount of 4 flat buyers paid as it was throuh private bank loan. Other four flats belongs to three different Land owners

Now the builder is not responding to our requests.
He is always telling now and then and trying to escape . He seems not applied for NOC till date. 

The construction quality also seems poor.
In this scenario please advice how to get the justice.
Thankyou!
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

File complaint against builder before consumer forum and seek orders to direct builder to deliver possession of flat to you

2) to pay penalty for delay in delivery of possession

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

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

Builder should have provided all amenities as must have been promised by him in the agreement.

Construction, must also adhere to the standard committed by him.

Not only this, he was supposed to handover to you the vacant physical possession of your flat complete in all respects; together with the fully complete and functional amenities.

Send a legal notice to the builder calling upon him to immediately set the things right and also seek compensation from him.

If the legal notice does not moves him, approach the consumer forum and file a case against him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

1) It is the legal liability of the builder to have complied by his part of the contract by fulfilling the terms and conditions stipulated in the the agreement by obtaining necessary permissions and all certificates concerned.

2) Send a legal notice to the Builder for compliance. If he fails to comply by your demands you will need to file a suit for specific performance against the builder in a court of law by engaging a layer.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

You need to approach the development authority and complain about the builder. Now you may complain in RERA as well for non compliance of the building.

If there is any deficiency in the services offered and given and the value of flat is more than 20 Lacs you need to file a petition in the State consumer Rederessal Commission.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This is common feature with most of the developers in India but fortunately a proper remedial mechanism is in place to counter this type of exploitation.

So file a case before the consumer forum whrein yo will get a direction to complete the pending work withinva timetimeframe or refund of proportinate money to the flat owners including damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

File a case against him in consumer forum

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

1) You can complaint in the consumer forum in your city against builder.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

It appears your case not comes under the provisions RERA Act. The option left to you is to get issue legal notice and proceed against him either in Civil Court or Consumer Court. The extreme step that you may take is to lodge a complaint with police and registered it as cheating case. If police do not cooperate then file a complaint before Magistrate under section 200 Cr.P.C.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

File a complaint against the said builder before RERA. Contact a local lawyer and file the complaint at the following link:

http://www.rera.ap.gov.in/RERA/Views/ComplaintRegistration.aspx

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

You are suggested to send a legal notice and later file a case in consumer court as well as in competition commission of India.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Your approaches and oral requests to the builder may not invoke any proper response.

You may have to issue a legal notice to the builder demanding all your requirements including OC from the competent authorities,

If he is not responding to the legal notice also, you may either approach RERA or the consumer forum directly with a complaint against the builder for relief and remedy.

You may consult and discuss with a local lawyer and initiate steps as suggested.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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