• Registration delayed

I Have booked apprtment in 2015 july . As per sale agreement possession date was on 2017 July. However builder didn't complete the work. I have paid more than 90% of the project cost within the time. After six months 2018 july 18th I have send a legal notice to the builder regarding delay in possession. In 2019 june,builder send a occupancy letter to me without completion certificate. I have replied for the letter, that I can't occupy without completion certificate. Now builder complete the project and he got the completion certificate also. But I didn't get any official communication from builder regarding completion certificate. Now builder is delaying my registration by saying various reasons. My question is "Till this month it has been two years since I have send the legal notice to the builder" I am ready to wait another one month. If builder delayes the registration further I would like to approach consumer court..Is there any legal issue to approch consumer forum since after two years the legal notice has been send ?
Asked 4 years ago in Property Law
Religion: Christian

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23 Answers

You can file complaint against builder before consumer forum and seek orders to direct builder to execute registered sale deed in your favour 

 

2) your claim is not barred by limitation as it is responsibility of builder to execute registered sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

You should file a complaint before the RERA tribunal immediately. The project is delayed by more than 2 years. Moreover he gave you a notice when the apartment was not even finished which comes under deficiency in services.

A penalty should be paid by him for delaying the project.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can send another legal notice and mention the details of the previous legal notice in latest one. Than file a consumer court complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear sir, 

You can approach and file  a suit before Real Estate Regulatory Authority Act 2016 (RERA), according to this act the builder has to pay 10% interest on value of the property for delayed possession of flats to the buyer!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

You can file complaint against builder before consumer forum 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Yes

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Yes it is. But it a dedicated tribunal has been established which far more less time than the consumer forum. I advise you should Go there.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

- Yes, you can file your complaint under the Consumer Protection Act 2019 , for getting order for registration of the property in your name and also to claim compensation for delay. 

- Further, if you cancel the agreement for purchasing the said flat , and the builder is bound to refund the entire amount with 10% interest due to delay in possession of the flat.   

- However , you are suggested to send legal notice once again under the changing circumstances to the builder and thereby ask the builder to register the property earliest and also to give you 10% rebate as per rule. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear Sir,

First take possession and be in safer zone then start issues with the builder. 

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The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals/Builder 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
6136 Answers
487 Consultations

4.8 on 5.0

Yes.  There is deficiency in service and he has failed to give you possession as agreed.  Secondly, the possession has yet not been delivered, cause of action still exists.  You may give further another notice giving the reference of earlier notice and  thereafter file a consumer complaint.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

2019 act has not yet been notified officially. Since you have sent notice two years back send fresh notice based on new cause of action now and immediately file a comsumer complaint in jurisdiction consumer court of mysore feel free to contact me for further guidance if you need in this regard in mysore 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

The legal notice was issued to the builder for some other purpose.

Now you are asking a different relief,hence you my better issue a legal notice once again to the builder and can plan to resort to further legal action if necessary.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You being the customer of the builder and he is the service provider, a case before the consumer forum is very much maintainable.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes you can first serve him legal notice and then file consumer complaint for deficiency of service against him

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. You should not have waited for 2 years from the date of service of legal notice.

2. This is acute deficiency in service by the builder, hence actionable in your hands by approaching the Consumer Forum to seek execution of sale deed with compensation for mental agony.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send one more legal notice and approach consumer court within 30 days of the notice.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

1. CPAct-2019 is as yet not operational for amended provisions.

2. You may still file a grievance petition before the local Consumer Court, within Three years of last served Legal Notice and IF required also file a "Condone Delay" application, which is usually & always considered in favor of the litigant.

2. A fresh Legal Notice demanding compensation & interest thereon for delay in possession, may be initiated after serving a new legal notice, which will have legal effect of "continuing offence".

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No problem, you have ample time.

You can address a formal letter, requesting him for the CC, and inform your intention to occupy the flat upon sharing CC and confirmation from Builder.

If he does not respond, you can approach Consumer Forum.

If Builder delays / refuses to register the Sale Deed.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Yes, very much, it is applicable to your issue.

You can file Complaint before Consumer Forum, seeking direction from Forum against the Builder to issue CC, OC and register the property in your name, and also you can seek costs of litigation and damages for delay and causing mental tension etc.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

A. You can exercise your right under the Consumer Protection Act under the ground that deficiency in service. As the project had not registered under the real estate regulatory authority you cannot get any remedy under the RERA act.

B. There is no bar to issue second notice against builder. Before you approach the consumer forum issue a one more notice and request the Builder to register the property in your name subject to payment of any remaining balance. In the event of the Builder failed to register the same you can approach the consumer forum to seek direction for registration of flat.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

First of all you should give a legal notice to the builder and thereafter file a petition against builder in any consumer Forum or in RERA court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

yes admissible in Consumer court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes you cannot file complaint Before consumer forum on basis of a legal notice which was sent around 2 years back. 

2. You need to send a fresh legal notice to builder for delay in registration.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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