• Registration delay caused by builder

I purchased a small commercial office space in a building situated in Sector 16, Noida in the year 2012.
The building was given Occupation Certificate in 2015. Since the builder has not cleared full dues of NOIDA authority, they are not able to register the property in our name. Since we do not have clear title, we cannot raise any loan against our unit by offering the same as collateral. Our repeated requests to the builder have not met with any success.
Also circle rates are changing since year 2012. We apprehend that inordinate delay will cause a difference in our allotmet and circle rate. We will have to pay incremental income tax through a deeming provision under the IT Act. 
 Please advise how we can coerce the builder to rgister the property in our name so that we have a clean title.
Asked 3 months ago in Property Law from LUDHIANA, Punjab
Religion: Hindu
1. The delay in getting  title deed is purely out of deficiency of service in complying with formalities with local authorities.
2. Now if you have made full payment of total consideration money then the builder is liable to make good the loss you have incurred so far.
3. So you have legal right to redress your grievances for which you can file a case before the consumer forum.
4. The consumer forum apart from directing the builder to execute and register a deed of conveyance would compel the developer to pay you enough pecuniary damages and compensation as well for the inordinate delay caused by the builder. 
Devajyoti Barman
Advocate, Kolkata
13101 Answers
174 Consultations

5.0 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to register office premises in your name 

2) seek litigation costs and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
46605 Answers
2756 Consultations

5.0 on 5.0

1) You can make complaints in consumer forum for the compensation of the difference amount from date of completion certificate given till date.

2) Or you can charge for all other expenses which you have to bear for his negligence.
Ganesh Kadam
Advocate, Pune
2634 Answers
10 Consultations

4.9 on 5.0

Send the builder a legal notice so register property In your name and pay damages.

based on the agreement you can file a complaint in consumer court to recover damages for defeciency in service and delay by the builder. Too seek compensation and recover damages


Also a civil suit can be filed for performance of agreement and seeking damages.

So there exist several remedies for you it will better to give legal notice and than go to consumer court as there you will get the disposal of case fast.
Shubham Jhajharia
Advocate, Ahmedabad
3580 Answers
10 Consultations

5.0 on 5.0

Hello sir , you can file a case at national consumer forum , Delhi .. 
Hemant Chaudhary
Advocate, New Delhi
3205 Answers
14 Consultations

4.9 on 5.0

Dear Concern, 
In that circumstances you should file case against builder under section 420 and 406 of I.P.C.

Also file consumer case for deficiency in service.
Ravi Kumar Singh
Advocate, Patna
49 Answers

4.0 on 5.0

Send a legal notice to the builder calling upon him to forthwith execute the sale deed in your favour.

having already handed over the possession to you, he ought to have executed the sale deed by now.

If the legal notice does not inures any benefit, approach the Consumer Forum and seek a direction against the builder.for immediate execution of SD.

Vibhanshu Srivastava
Advocate, New Delhi
5758 Answers
71 Consultations

5.0 on 5.0

Firstly, give a detail written complain to RERA tribunal.
Secondly, go by the clauses of  the agreement.
Thirdly, if nothing is found in your favour then also you can ask the Tribunal to let builder be the one who will bear the all increased expenses.
We can also go to High Court if nothing fruitful come from tribunal.
Sanjay Baniwal
Advocate, South Delhi
1484 Answers
4 Consultations

4.9 on 5.0

File a consumer complaint before Consumer forum. The said Court will issue directions for the same.
Prashant Nayak
Advocate, Mumbai
2727 Answers
2 Consultations

4.8 on 5.0

Hello,

Send a legal notice to the builder and if he does not respond to the same then file a case before the RERA thereupon obtaining instructions that he make good the payment at the earliest so that the purchasers like you are not effected. 

Regards 
Anilesh Tewari
Advocate, New Delhi
9205 Answers
119 Consultations

5.0 on 5.0

You can initiate legal steps to get the property registered on your name by filing a suit for specific performance of contract.
You first issue a legal notice to the builder about this and give him 10 days time within which he may be instructed to register the property to your name, failing which you may initiate appropriate legal action agaisnt him either through civil court with a suit as mentioned above or through consumer forum for deficiency in service and compensation and also reliefs for mental agony
T Kalaiselvan
Advocate, Vellore
36720 Answers
403 Consultations

5.0 on 5.0

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