• Promoter is not getting my flat registered

I have booked a flat in Kolkata (Agarpara) in June/2014 and started making payments part by part w.e.f. 07/06/2014. Initially I was told that the flat will be ready in all respect by 2016 and we will be in a position to shift the flat within 2016. However, time kept on advancing with a very slow rate of work progress in the building premises. I made all payments for the value of flat as per agreement, last payment being made on 11/12/2018. Since the promoter told me that flat will be registered soon after my making payment of the registration fee to him, I had made payment of 2.73 lakh to his bank account through NEFT on 11/12/2018, but till todate the flat has not yet been registered on my name. The promoter has issued me Allotment Letter for my flat on 28/08/2019 and I have shifted to the said flat thereafter. At present, there are more than 14 flat owners out of total 28 units, residing in the apartment. But the promoter has not made any provision for the basic amenities such as only one overhead water tank of 1000 ltr capacity has been installed. Please advise me what can I do now & how should I proceed further.
Asked 2 years ago in Consumer Law

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24 Answers

File complaint against builder before RERA or consumer forum and seek orders to direct builder to execute registered sale deed in your favour 

also provide basic amenities within stipulated period 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Please issue a legal notice to the developer.

Is the project registered under rera..  please do check on the website regarding the details of the project..

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

File a complaint of fraud against the builder and promoter in the police station. 

He will be bound to provide all the promised amenities. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You may file complaint before consumer court seeking compensation for delay of flat possession , amenities and further may seek compensation for mental harassment.and legal proceedings.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

2. This is a classic case of deficiency of service along with unfair trade practice. 

2. Now in such cases your remedy lies in consumer forum wherein you will get necessary directions to provide remaining facilities. 

3. Apart from that you will get enough compensation as well. 

Feel free to contact if you need to file the case in consumer forum. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your problem. You are suffering a lot because of the misdeeds of the promoter. You may land in serious trouble if you purchase in a project which is not registered with your state's or UT's RERA. In simple words, buyers purchasing properties in a project that is still not registered with RERA can face difficulties and will be on the weak side if they approach RERA in case they want to file a complaint. RERA is a foolproof regulation to re-build trust, bring in transparency, and safeguard consumers’ interest. If a builder fails to register his project with RERA, it is his fault. When buyers approach RERA for redressal of any grievance, they would be asked why they opted for an unregistered project. It is mandatory for developers to quote the registration number in all their promotions, which means they cannot advertise a project unless it is registered with RERA. I have dealt with such cases in Supreme Court.
Supreme Court has held that advertisements inviting applications for allotment without having title to the impugned sites was deceptive and unfair practice of the builder. In another case it has held that a clause containing an escalation cost in an apartment buyer’s agreement without disclosing the maximum enhancement amounted to vesting of unrestricted power to increase the cost of the flat and hence it is an unfair trade practice. If a builder uses sub-standard material in construction of a building or makes false misleading representations about the condition of the house then it is denial of the facility or benefit of which a consumer is entitled to claim value.
Supreme Court has held that a consumer has the right to approach the Civil Court or the Forum under the Consumer Protection Act for relief in a situation where the builder commits breach of his obligations.
I have many a times issued legal notice under my signature to such delinquent real estate companies, promoters, developers in various States in India to comply with the rules and grant compensation for the mental and physical agony aggrieved party has faced. Many have come forward to settle the issues and granted compensation. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
317 Answers
5 Consultations

4.0 on 5.0

First of all, till sale deed not register, No ownership and as much delay you will do, penalty will impose. Register sale deed.

Send legal notice for registration of sale deed and complete basic amenities, failure to which you will be constrain to file case against him for compensation with interest. 

Complain to RERA and consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Querist

if the promotor comes under the RERA then file a complaint before RERA otherwise file a civil suit before the Civil Court of the area where the property is situated under specific relief act for a mandatory injunction for registration of the sale deed in your name and also claim compensation for the mental torture and harassment and delay in registration of the Sale deed in your name. apart from this, you may also claim all the basic amenities which the promotor is bound to provide in that society or apartment.

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Hi, either you have to seek for refund of the money or approach the court for necessary directions i to hand over the flat with all basic amenities.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

Dear Sir,

You are suggested to serve a legal notice to the builder for providing the basic amenities and registration of the flat and if not done within given period of notice time, file the case against the builder for the same and also for asking compensation etc. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. For registration of dale deed of your flat you are required to pay directly to the Registrar towards registration fee and also stamp duty and the promoter has nothing to do in connection with the said payment for which it is improper for him to take the registration fee from you.

 

2. However, you and also all other flat owners  should file a complaint case before the State Consumer Dispute Redressal Commission against the promoter alleging deficiency in service and unfair business practice claiming completion of construction of all the amenities as per the agreement  and registration of the sale deed pertaining to the flat with damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

- You should file a complaint before the Consumer court on the ground of deficiency of services , and to claim compensation as well due to delay in possession. 

- Firstly issue a legal notice to the said promoter , and thereby ask him to execute sale deed from the office of Registrar within a period of maximum 15 days from the date of receipt of legal notice. 

- If no response then file a complaint before the Consumer court or RERA . 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Hello,

Send them a demand notice if they fail to comply you can file a case im the consumer forum, wheree you will getbthe relief alomgwith the compensation for harassment. 

Hope this helps.

To proceed further you can get in touch with me.

Regards 

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

 

Dear Sir,

The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals as defined below.

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https://www.icrpc.org/icrpc.org.contact.htm

 

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

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Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

You need to approach the dy registrar if society is registered or civil court for direction by filing suit

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

If the promoter is delaying the registration of sale deed inordinately and intentionally, you may first issue a legal notice demanding him to execute the registered sale deed immediately within 7 days and also can demand the fulfillment left amenities that are to be completed by him.

If the builder is not responding or not complying with the demands made, you may file a suit for specific performance of contract seeking direction to the builder to comply with the specific relief of registration of sale deed and simultaneously file a consumer case for the deficiency in service for the incomplete work of providing the basic amenities. 

What about the Residents welfare association, is any association formed and registered?

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You first need to send legal notice and then file a case against the developer 

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

I would recommend our first and immediate step should be to serve a legal notice as soon as possible. Furthermore, if dispute is not settled after initiating first step then we will proceed by filing a civil suit as per facts and requirements before Civil, Public Utility or Consumer court.

 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Send him a legal notice.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

In this scenario you may first serve a lawyer's notice to the promoter to seek transfer of title through execution of sale deed in your favour, and if your demand is still not met then you may file complaint case in Consumer Forum to seek execution of sale deed, basis amenities and also compensation for mental agony suffered by you on account of deficiency in service by the promoter/builder.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First file complaint against the builder in RERA and simultaneously file a case claiming damages for deficiency in service before the Consumer Court, builder will come on line. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Immediately issue notice to the Promoter for getting the Flat Registration and execution of Sale Deed in your favor and provide all basic amenities.

If the Promoter fails to respond, you can lodge complaint with RERA / file case in Consumer Forum, seeking direction from Forum against the Promoter, to provide basic amenities and get the Sale Deed executed in your favor after paying the stamp duty and registration charges which were paid by you.

You can also seek for damages and litigation expenses from Promoter.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You should file a case against promoter before RERA or consumer forum for registration of your flat and providing basic amenities as promised at time of sale and mentioned on agreement of sale. 

2. You can also claim compensation for mental harassment and agony suffered due to delay in registration and not providing basic amenities.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You should file a complaint against the builder in the consumer forum for deficiency in services and inordinate delay.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

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