• Issue with builder on possession of propoery

Hi,
I had booked a 2 BHK flat in Hyderabad with Vasathi Anandi Builders in May 2014 and paid an advance of 50000/- rupees and the price for the flat was 30.85 lacs.
 In July 2014 I paid a total of 612674/- as down payment and availed a loan with SBI for the remaining amount. The bank disbursed part payment of 18.49 lacs on 24th sep 2014 and the balance amount of 407680/- a DD was made on 21st Dec 2015, the bank refused to hand over the dd as the project was not completed and they wanted me to register the property and only then the balance payment would be given to the builder.
 The builder had only completed the structure and no other facilities were completed and on Jan 2016 i recieved a letter from the builder asking for the balance of 6 lacs towards the project. I had informed him that he needs to complete the project as promised and provide all the ammenities promised by him, which till date is incomplete, as the project was getting delayed and most of the owners had already made the full payment they were forced to occoupy the property in as in condition with out any aminities. As i have already paid 80% of the project cost 4 yrs back and paying intrest for the remaining 15% of the balance amount to the bank i was left with no option but to register the property and take the possession of the property in incomplete condition as there is no way the builder is going to complete the project as he has gone bankcrupt and when the owners forced him to complete the project and handover corpose fund and the pending ammenities payment to the owner so that they can complete the project for which he has threatened to commit suicide.
Now when i approched the builder for registration of the property, he is now demanding intrest from me for the balance amount and demending an additional 6 lacs as intrest at 18% flat and he also mentions that as the other owners have accepted the property in semi unfinished condition i also need to accept it. 
Kindly advice me as to what legal action i should take.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

Dear Sir,

 

- Do send him legal notice with all issues through registered post stating your grievances. 

- Have all the communication record available for future requirement for legal evidence. The complaint can be submitted to RERA tribunal 

- Builder is responsible to provide all the services agreed under BBA and RERA Tribunal is very strict on builder since inception of this act.

- No need to buy his tantrum.

 

Regards

 

Vivek Arya

 


Dear Sir,

 

- Below details for your kind reference please

   "Telangana State Real Estate Regulatory Authority"

     DTCP Building, Ground Floor,
     640, A.C.Guads, Masab Tank, Opp. PTI Building, 
     Hyderabad – 5000 004.

     Phone No.: [deleted], [deleted]

     TS RERA Office mail ID: [deleted]
     TS RERA Secretary mail ID: [deleted]

      http://rera.telangana.gov.in/

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

complain against builder before RERA seek orders to direct builder to obtain OC and deliver possession of flat to you 

 

2) in alternative complain to consumer forum seek orders to direct builder to obtain OC , deliver possession of flat , waive interest and pay compensation for delay in delivery of possession of flat 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

You can approach Consumer court or rera as per your convenience. You will get the necessary reliefs in the said forums

Prashant Nayak
Advocate, Mumbai
34596 Answers
249 Consultations

Issue a legal notice to builder through an advocate and file a complaint in district consumer forum under defeincy of Service. 

Mohammed Mujeeb
Advocate, Hyderabad
19348 Answers
32 Consultations

I must say that entire process of possessing the flats by all owners has gone grossly out of law which may cause so many hindrances in getting legal help or any other remidial measure from civic authorities. 

First of all it is the responsibility of the builder to obtain completion certificate and occupancy certificate from the relevant competent authorities as per local law and to make it available to the allottees individually or to the association of the allottees. This is an essential requirements to make your possession legally valid.

Next you are liable to pay as per the  terms of allotment letter agreement which is generally align to stage wise time schedule of construction of the project.

Further if there is any structural defect or any other defect in workmanship quality or any other obligations of the builder as per the agreement, those things may be brought to the notice of the developer with in five years by any allottees from the date of handing over possession,  and it becomes the builder's liability to rectify all such defect within 30 days, in default an aggrieved allottee is entitled to receive appropriate compensation.

Communicate the builder stating all the requirements for needful action as per law. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

See you don't have to pay the interest on balance amount instead file a consumer complaint against the builder seeking compensation for dealy and mental agony.

Further the builder was wrong on part of not.giving possession with complete amenities on time.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The agreement with the builder has to be studied thoroughly in order to render you proper advice. Unless there is a clause for payment of interest, the builder is not legally entitled to it. 

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

The builder cannot demand the interest on the delayed payment. In fact it is not at all the delay in payment of balance amount since the builder has not completed the property and was not even in the position of registering the proeprty in a completed status.

You can refuse to pay the penal interest demanded by him and issue a legal notice to him instructing him to register the property by receiving the balance of amount due to him other than the interest amount demanded by him.

After that you can approach consumer court against him for deficiency in service and for relief  as well as compensation for mental agony 

 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

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