• Possession of flat

Hi,
I'm Shekhar, I've bought a flat in Navi Mumbai.
It is a cidco approved plot. It is owned by two members who have given it for development to a local builder. Now it has been six years and builder is showing no interest in completing it. Even one of the Plot owner is objecting to construction of the building. What do we do?? We have registered the flat... And the building is 80% completed...
please help..
Asked 1 year ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu
1 A redevelopment agreement must have been executed into between the owner and the builder. Now if the builder has not honoured the agreement the owners cancel the agreement.

2. It is not clear from your query as to from whom you have purchased the flat. When the redevelopment agreement is not honoured in its entirety the builder could not have sold the flat in violation of the terms of the redevelopment agreement.

3. You should have conducted due diligence before buying the flat. If the redevelopment agreement has not been honoured then the owners can move to court to challenge the sale made to you which can result in your eviction.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1) issue legal notice to builder to complete construction of the building obtain occupation certificate from CIDCO

2) move consumer forum against the builder for deficiency of service 

3) seek orders to direct builder to complete construction , obtain OC from Cidco , also compensation for delay in completion of project 

4) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
1) you can apply to consumer forum . It is continuing offence 

2)it is necessary to peruse agreement signed with builder 

3) consumer forum cases take 2 years to be disposed 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
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1. You cannot go to consumer court now. However, you can move to court to sue the seller for breach of trust.

2. You should not have purchased the flat in the first place if the redevelopment agreement was not honoured in entirety. 

3. You can move to seek a stay order if the owner proceeds to take steps to demolish the property. It is true that if the building is demolished then you will face eviction. Your only recourse in that event will be to sue the seller for damages. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
promissory estoppel ( section  115 evidence act ) will apply in this case. builder is bound by the terms and condition mentioned in the  sale agreement. he ca't adduce oral statement or amend in agreement. if there is any clause regarding delay in construction then you can file suit in civil court for cancellation of agreement and recovery of money but you may give hefty court fee. 
you should file case before consumer forum. you will get appropriate remedy swiftly on nominal fee. 
In Pushpa Mahadeo Rajurkar & Other vs Kamalakar Keshav Askar, Consumer Disputes Redressal forum has held that  there was 7 months' delay in delivering the possession of the house, directed the opponents to pay amount of Rs.37,805/- with interest at the rate of 12% p.a. to the complainant and compensation Rs.5000/- more for causing mental and physical harassment and also amount of Rs.1,500/- towards cost of proceeding.
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
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1. You have bought the flat from whom?

2. Was there any agreement while booking the flat?

3. Was there any registered development Agreement?

4. Whom did you pay the money for buying the said flat?

5. However, you can file a complaint case before the local District Consumer dispute redressal Forum against the seller alleging deficiency in service and unfair business practice claiming completion of the flat at the earliest, rent for the period for the delay with arrears alongwith interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12105 Answers
231 Consultations
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1. Yes, file the complaint case before the Consumer Forum as suggested in my earlier post,

2. It takes arount 1 to 2 years to get the consumer complaint case disposed of before a Consumer Forum depending on the load on it. 
Krishna Kishore Ganguly
Advocate, Kolkata
12105 Answers
231 Consultations
5.0 on 5.0

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