• Torture by builder

The builder has taken over our long tenency land with a promise to give a specific area (smaller than deserved) for ownership shop and house. The house he built is not in his construction plan and not approved by the officials. The shop he promised is non existent. There is no construction foundation for it where he promised. He has sold a part of the house to a second person too. The builder had put us in rental accommodation for few years and suddenly stopped paying rent to the landlady. We are tortured to livehe builder has taken over the land with a promise to give a specific area (smaller than deserved) for shop and house. The house he built is not in his construction plan and not approved by the officials. The shop he promised is non existent. There is no construction foundation for it where he promised. He has sold a part of the house to a second person too. The builder had put us in rental accommodation for few years and suddenly stopped paying rent to the landlady. We are tortured to live the new house, where there is no lift,not completed plaster, the property sold to somebody else (he is threatening us in case we move in),not approved by the officials so we are scared that we might be kicked out in future, since we refused to move before both house and shop are sorted, they have tampered the electricity and drainage for a week so there is no light, electricity or toilet facilities in the rental house.My parents are elderly and have multiple illnesses, they have tried all possible doors now no help, please advice.  the new house, where there is no lift,not completed plaster, the property sold to somebody else (he is threatening us in case we move in),not approved by the officials so we are scared that we might be kicked out in future, since we refused to move before both house and shop are sorted, they have tampered the electricity and drainage for a week so there is no light, electricity or toilet facilities in the rental house.My parents are elderly and have multiple illnesses,we have complained in consumer forum today, they have tried all possible doors now no help,..he has bribed the police officials too and they are forcing my parents to leave too. They are facing a living hell, the house is in pune Maharashtra, please advice
Asked 2 years ago in Property Law from United Kingdom
Religion: Hindu
Hi, you have lease the property without valid lease deed and I don't think you have not entered any agreement with builder and you have not taken any precautions before leasing the property.

2. You have to file a suit for deceleration and possession of the property before the court to get back your property.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0
1) issue legal notice to builder for deficiency in service and for failure to honour the terms of agreement 

2) file a complaint before consumer forum to direct builder to provide you house as per plans duly sanctioned by PMc 

3) also seek compensation for mental torture undergone by you 

4) also seek directions to builder to provide rent till the possession of house is handed over . 

5) also file  police  complaint of cheating criminal breach of trust against the builder 
Ajay Sethi
Advocate, Mumbai
26185 Answers
1422 Consultations
5.0 on 5.0
This is a clear case of unfair trade practice and deficiency of service.
Do not waste time anymore and file a case in the consumer forum wherein you can claim for completion of deficient service in time bound manner.
In the said case you can claim for damages and compensation for loss and harassment arising out of the delay.
Devajyoti Barman
Advocate, Kolkata
6495 Answers
72 Consultations
4.9 on 5.0
1. Did you enter into a redevelopment agreement with the builder prior to taking over of your land by him? If yes does it contain all the promises which you said he made to you? 

2. If the builder has acted in contravention of the agreement then you can sue him for breach of agreement to claim liquidated damages. The agreement can also be sought to be cancelled by you. Cancellation of agreement will not impair your claim for breach of damages.  

3. Furthermore, criminal charges for cheating can also be filed against the builder. 

4. The part of the house which he has sold can be challenged by you in the court if the sale is not authorized by the agreement. The court can set aside the sale as illegal.

5. Issue a lawyer's notice immediately to the builder through your lawyer.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0
First and foremost move against the builder through A FIR in the local police station and if the local PS refuses to act you may resort to the following:

a) Send your complaint in writing to the Superintendent of Police (SP) by registered post.
b)Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.

After this is done you must also file for a title suit on the given property in the court of competent jurisdiction. 

Please note that you must simultaneously move on both fronts.
Saptarshi Banerjee
Advocate, Kolkata
219 Answers
4 Consultations
4.9 on 5.0
1. Have you executed and registered any agreement with the builder for giving you specific area/shop after construction is over,

2. There should have been a tripartite   agreement with you, the develper and the owner of the land stipulating that the construction will be comleted within a specific time and only after providing you the agreed spece/shop the builder will deal with the rest of the developed property wherein you will sign as confirimg party,

3. Further advice can be provided only after knowing what type of agreement have you executed and registered,

4. You can lodge a police complaint against the builder.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
280 Consultations
5.0 on 5.0

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