• Warehousing property

I have purchased a warehousing property in FY 2010 near Mumbai however the builder has not given a possession till date however he was paying a interest amount in cash till date. Now a days he is neither paying the interest nor giving the possession. Request to let me known the way out.
Asked 10 months ago in Property Law from Bhiwandi, Maharashtra
Religion: Other

file complaint against builder before consumer forum seek orders to direct builder to deliver possession to you 

 

2) pay you interest for delay in delivery of possession 

 

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

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

See since you purchased from builder you are.consumer for him you can file a consumer complaint for refund of the amount along with interest and compensation or possession.and compensation.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

Hello, 

 

Interest on what amount was being paid in cash?

If you have the sale deed in your favour then serve upon him a legal notice and if he does not vacate thereafter then file a suit for eviction. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

This is my response to you:

1. You can first send him a legal notice;

2. If he does not handover within a specified time period then you will have to take resort to courts;

3. You can always approach police and file an FIR;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1896 Answers
3 Consultations

5.0 on 5.0

Send him a notice first raising a grievance. If not then file a Suit in appropriate Court of law.

Sanket Deshpande
Advocate, Greater Mumbai
7 Answers

Not rated

Case for eviction can not be filed in RERA

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

Is the project registered under RERA?

 

RERA covers all residential and commercial projects, including shops, offices and buildings. ... Builders / Developers must register such projects under RERA, within three months of implementation of the Act.

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Check if the project is RERA approved or not.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

If it's a warehouse property then I doubt RERA is maintainable. But as I said you can file Suit for declaration and specific performance. 

Sanket Deshpande
Advocate, Greater Mumbai
7 Answers

Not rated

you have to issue a legal notice o him demanding possession of the same and instruct him ton pay the interest till the date he is handing over the possession, failing which you may state that he would be made liable for legal consequences 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

If the builder has registered with RERA then you may approach RERA for solution or you can approach civil court with a suit for specific performance of contract or consumer court for deficiency in service

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

You can go before consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

Issue a legal notice through an advocate and file complaint before district consumer forum and claim compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

If project registered in rera then you can file complaint before rera. 

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

you can file a RERA complaint 

you can either seek possession with interest for delay or you can demand refund of your money with interest and compensation 

Yusuf Rampurawala
Advocate, Mumbai
4930 Answers
31 Consultations

5.0 on 5.0

Dear client 

If you didn't get possession till date even after 9 years then you are entitled to interest from builder

As you are telling he is not even paying interest now. Then you can proceed against the builder under RERA act.  And file the complaint under section 31 of RERA act against builder for refund of the amount with interest or give the possession of the warehouse to you. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

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