• Being looted and fraud with flat owners by builder/developer

Hi Team, I brought a flat and registered on dated, 30th June 2017 at New Panvel. Committed date for possession was December 2016 but we got possession in March 2018. Till date all infra works i.e proper power supply, elevator service are incomplete and builder/developer is refusing to complete the same asap. Basic amenities like proper waste management, drainage system, water treatment system, Garden or play area for children are either incomplete or not up-to the mark. We already paid extra amount of INR 2 lakhs for development of Infrastructure. Now builder/developer is not taking us seriously. during our meeting he also manhandle us with his so called bouncer. All flat owner are suffering a lot mentally and physically. So kindly suggest us next course of action items, how we can process with legal action against him to complete the pending work and get compensation for which we suffered.
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Client,

Project must have registered with RERA, file complain to RERA and consumer complain for refund and compensation for unfair trade practice.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Send this builder a legal notice, giving him a last chance to set the things right by completing all the incomplete and pending works. Also, seek compensation/damages from the builder for the harassment and inconvenience caused to you, along with the cost of legal notice.

If the builder ignores the legal notice, file a case against him in RERA.

Sending the legal notice is the first thing you need to do.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Sir, there can be a common action from all the flat owners or individually , you can issue a legal notice to builder for completing work in time of one month or 15 days of notice period further to pay compensation for delay and deficiency of services collectively or individually.

If he does not take notice seriously file a collective complaint or individual with the consumer court praying for direction for builder to complete work, pay compensation for delay and mental agony along with the litigation fee.

Also for man handling by bouncer a criminal complaint can be registered against the builder and bouncers in the police station.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. approach the Maharera tribunal

2. file an online complaint

3. seek revocation of registration of the builder (u/s 7)

4. seek compensation for violation of the rules and provisions of RERA (u/s18)

5. complain against the builder for indulging in unfair trade practices

6. you can seek compensation under s.14(3) from the builder for structural defects

7. upon revocation of registration of the builder with RERA, the remaining development work can be undertaken under provisions of section 8 of RERA

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

1) Under RERA law flat buyers can seek a refund.

2) Register an FIR before the concerned police station stating all the relevant facts.

3) If police refuses to register an FIR , move an application u/s 156(3) before the MM.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

This is my response to you:

1. If the flat is RERA registered file a complaint on RERA website: https://maharera.mahaonline.gov.in/ ;

2. If it is not RERA registered, then issue him a legal notice under consumer protection act;

3. You can then after 30 days file a consumer complaint;

4. You will need to also seek compensation for mental torture and agony suffered by you;

5. Make sure the builder has obtained the OC, BCC etc. if not then you can easily complain under RERA;

6. Also file a case before the police station under section 420 of IPC for cheating etc.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

issue legal notice to builder to complete pending infrastructure work

2) if he fails to do file complaint against builder before consumer forum seek orders to direct builder to complete work within stipulated period

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

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Firstly, you will have to serve a legal notice to the builder asking him to do the required Jobs such as providing power supply, elevator service, proper waste management system, drainage system, water treatment system, Garden or play area for children as per agreement within a month of receipt of legal notice.

You can also claim damages for the same from the builder for the said acts.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If the builder fails to adhere even after receiving the legal notice, then you can approach Consumer Forum by way of the complaint for deficiency of services and unfair trade practices adopted by the builder seeking similar reliefs, along with litigation expenses.

Alternatively, you can also file a complaint in MAHA RERA.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Firstly file a suit for specific performance of contract if he fails to perform his part file a suit for damages.

Also all of you file a consumer complaint levelling different allegations and claim for damages before the consumer forum along with interest. You need to send legal notice before instituting a suit. And anyone who's mishandled may lodge police complaint against builder for hurt and breach of trust, cheating

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Dear Sir,

You can get issue a legal notice and start fighting legally in the Consumer court you will succeed. Now you can lodge police complaint.

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Maharashtra flat buyers can now file a police complaint against builders violating norms

The state police has directed police stations across Maharashtra to register complaints against errant builders who cheat flat buyers and violate building norms. Housing experts have welcomed the move--termed by CM Devendra Fadnavis as “a good decision“ -but which the real estate industry finds 'disturbing'. In a circular issued last week, special inspector general of police Prabhat Kumar instructed police commissioners in the state to take action according to the provisions of law when people f ..

The circular said complaints include builders failing to hand over possession on time to buyers or developers who deliver apartments without procuring the mandatory building occupation certificate.

It also mentioned builders who build beyond the sanctioned plans or those who build illegally. The circular also sought action against developers who accept 20% of the flat price but do not register the agreement or those who fail to form a housing society within the stipulated four months after handing over flats to buyers.

Prabhat Kumar told TOI that a delegation had recently met the director-general of police, pointing out legal provisions the police can use against errant builders. ..

Sudip Mullick, a partner with the construction practice of law firm Khaitan & Co, said the circular was a “proactive step by the police, a push from the top to take such complaints seriously . It appears this move is to pre-empt the perception that police do not act unless there is a directive from the court.'' Dharmesh Jain, president of MCHI-CREDAI, a body representing the interests of buil ders, said,

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. FILE Grievance Petition before the RERA authorities, supported with documentary evidence, photographs.

2. FILE Grievance Petition before the local Consumer Court, supported with documentary evidence, photographs, and seek damages, compensation etc.... for the builders negligence and deficiency & harassments.

3. FILE Criminal Complaint against the Builder, for Cheating, Intimidation, Threatening, to the Police Station and follow-up up to filing private criminal complaint in the local Magistrates Court.

ALL three will give desired results. All above can be filed by a group of Flat-Owners.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If the builder manhandled you with the help of his bouncers then lodge a criminal complaint agaisnt him with the local police station.

For the incomplete works you can issue a legal notice and then drag him to the consumer forum seeking compensation for deficiency of service.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

You can approach Consumer court and if completion certificate is after may 2017 then you can also approach rera

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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