• Delay in registry and providing early offer of possession

Hi, Samridhi grand avenue in greater noida west provided me offer of possession but when i went to see the place after 2 months- it was just walls. Not even a tiny bit of work was done there. The argument they had was completion certificate was provided to the society. The society was half complete - i dont know how that was provided as well.
I took subvention payment plan so till the offer was made - the interest payment was to be done by the builder. Just to avoid that - they provided offer early.
After raising this issue - they took another two months to initiate the build.

After issuing the NOC, they are holding back my registry also mentioning that some interest is charged because of the delay in payment from my side. How can there be a delay when i took a home loan and all payments were disbursed by bank on time.
They initially themselves finalized the demand amount and got back to me with the amount after clarifying all details. Now they are going back on their calculations and saying its still not complete. What can i do for this? I want to bring them to court.
Asked 2 years ago in Property Law from Noida, Uttar Pradesh
Religion: Hindu

Issue legal notice to builder to execute registered sale deed in your favour

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

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

4) do not complain to RERA as it declines to intervene in cases when registered agreement is not executed in favour of flat purchaser

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

You should withdraw your purchase and use new law of Insolvency & Bankruptcy Code to teach a lesson to builder.

Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

Hi, the RERA court has been set up in NOIDA .. It is advisable to register a complaint at RERA ( real estate regulatory authority ) for asking refund of your amount alongwith compensation

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

1. This is clear case of deficiency of service and unfair trade practice.

2. Since there is still no progress in the constructions and the possession can not be delivered anytime soon to suit your residence therein you can cancel the agreement and seek refund of money with interest.

3. So you can file a case before the consumer forum seeking refund of your money which you will get along with interest, damages and compensation.

4. if you do not want refund then also the consumer forum can direct the builder to register the deed of sale and grant you enough enough damages and compensation.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

This is my response to you:

1. You must first issue a legal notice;

2. Ask them the reason for delay and the arbitrary demand of money;

3. Ask them to waive it off and/or refund of your money;

4. If they do not respond well then approach the consumer court for deficiency of services;

5. Ask for compensation for the mental and physical agony suffered by you.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

Send them legal notice stating you have paid amount through bank and no dues are remaining to be paid by you and so you are eligible to get the sale deed done. And if they fail to register sale deed then you will approach court.

If they still do not comply then if you have made agreement to sale then file suit for specific performance of agreement.

If not then file suit on the basis of bank loan documents and payment details in civil court.

As well as you can claim that they are doing fraud with you by giving competition certificate of non completed project. You can ask for compensation too.

If the project is registered under RERA then you can approach RERA tribunal instead of civil court.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Tender a legal notice upon them in the present matter, calling upon them to forthwith execute the sale deed in your favor after completing all the incomplete work; and also to waive the interest that they are ilegally imposing on you.

If they do not comply with the legal notice, approach RERA .

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

Please move your complaint to the real estate regulatory authority in this regard and question without the completion of the building how the NOC has been given by the development authority and please request to the regulatory authority that the Builder should offer the possession after completing the project and shall waive off the interest and pay for delayed possession if any.

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

You should file a consumer complaint against them or in alternate, you can also approach nclt as per the new amendment that home buyers are secured creditors. However, in light of the facts presented by you, it would be more viable to approach consumer court in terms of the contract you have signed with them; their failure to hand over the possession in due time would certainly lend them in trouble and you should make authority also a party which issued NOC in a wrong manner.

Mayank Sapre
Advocate, New Delhi
253 Answers

5.0 on 5.0

Hello,

You can easily file a complaint against them before RERA if the builder and the project is registered under RERA otherwise you will have to approach the consumer forum for unfair trade practices.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Approach Rera tribunal

Yusuf Rampurawala
Advocate, Mumbai
5105 Answers
31 Consultations

5.0 on 5.0

You can issue a legal notice demanding an explanation on all counts where there is a gross irregularity found..

If there is no proper response or explanation you may drag him to the consumer forum seeking relief and remedy including compensations for your grievances

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

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