File a complaint against them in the consumer court
Builder not completing the project
I bought a 200sqYard plot in 2016 from resale in Gulmohar Residency (Colony approved by Gmada Mohali licence no 13/2013) and got the registry on my name by availing loan from sbi. Builders assured that all the infrastructure ( roads water supply etc) will be developed in six months. Developers agent also showed us the overhead water tank and said the connection will be provided in short time( later came to know the water tank was of adjoining colony). He also showed us a transformer installed and told that first u will get a temporary connection for construction and after construction your temporary connection will be converted to permanent. After getting these assurance i started construction. Applied for electricity connection to PSPCL and got temporary connection. My construction completed in 2017 December. At present no development work have been done by builder, no water connection no stp no roads and even electricity connection is on the verge of disconnection as PSPCL is stating that only temporary connection can be provided to builder only for construction purpose and not to the residents. For permanent connection NOC is to be applied by builder and after layout of LD system only connection will be provided. My temporary connection is getting over on 20th september and will be disconnected after that. On the other hand builder have not done any efforts for getting clearance from Electrical department, water or roads. At this time builder is a willfull defaulter he is not willing to complete the project and electrical connections of some residents have been disconnected and my connection is due to be disconnected on 20/09/2020. And the licence issued by GMADA to the builder have expired as per my knowledge and no action have been taken by Gmada also. Builder and sub builders are further making apartment in this colony and selling citing wrong information about the project. Kindly guide What action can be taken by Gmada against builder to compel him to complete the project. What legal action can be taken by residents against builder. How can we get permanent electrical connection if builder dont layout LD system
Asked 3 years ago in Property Law
Religion: Hindu
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14 Answers
File complaint against builder before consumer forum and seek orders to direct builder to complete layout of the project provide water supply , permanent electricity connection , roads as promised
2) alos seek litigation costs and compensation for mental torture undergone by you
Sir At present main concern is electricity connection. I was provided temporary Electricity connection by PSPCL for 2years but now they will be disconnecting it on 20/09/20 as builder have not applied for NOC and no steps for laying LD system. How can i stop PSPCL from disconnection of my Electricity connection. What is responsibility of GMADA in case of these defaulting builders who does not complete the project in time. Forfeiture of BAnk Guarantee or overtaking of project. How can i pursue with GMADA. Can the colony be declared as unauthorised colony as licence has expired and not renewed. After declaring colony as unauthorised there is provision of getting electrical connection. Kindly reply
Asked 3 years ago
1) you need to obtain injunction restraining disconnection of electricity connection by GMADA
2) GMADA can take action against builder as per terms and conditions of sanction letter
You can file specific performance suit against the electricity board for continuation of your connection
You can immediately file writ in the aforesaid situation against the said builder and other competent govt authority for immediate direction. He is duty bound to complete his project on time or pay you compensation for the same
You have to depend on the builder or the developer for the facilities assured but not provided till date.
You can issue a legal notice to the builder demanding the facilities assured by him.
After that you can drag him to the consumer forum for relief and remedy.
You can make a request to the electrical department to allow you to complete the formalities to get the permanent connection and to allow you to use the temporary connection.
The electricity connection is by a separate department.
The Gmada is a different authority.
You can make a complaint against the builder with Gmada venting out your grievances and seek its guidance to overcome the current problems you and other colony people face.
You can take the assistance of an advocate in the local having good experience in this matter and deal with the issue properly.
- You should lodge your complaint before the Gmada against the builder .
- Further , you can file a complaint before the Consumer forum against the said builder on the ground of deficiency of services.
- However, issue a legal notice to the said builder before taking any legal action against him .
Please approach RERA authority for your grievances against injustice being caused to you by your Builder. Your project is of 2016 and RERA was enacted in the month of April, 2016.
Please approach RERA and get redressed your grievances against injustice of Builder and developer of your project which is lacking of basic amenities and resources as per the provisions of law and agreement between you and your Builder.
1. GMADA can charge penalty against builder for incomplete project and selling plots under misrepresentation of facts.
2. You as resident can file suit against builder for claiming compensation for incomplete work and unavailable amenities.
Dear Sir/Madam,
As a resident you are suggested to serve a legal notice to the builder, GMADA and electricity department separately for not disturbing and providing you the needed facilities. If not complied by them, file the injunction suit against the electricity department - PSPCL for restraining them to disconnect the electricity connection. The GMADA should cancel the license of said builders and impose the heavy penalty on them. In all the cases, you are authorised for electricity connection as it is an essential service.
- As per the information mentioned in the present query, makes it clear that you have been at the stage where you can only be saved by the Hon’ble High Court.
- I would like to apprise you that you can mark a representation to the builder as well as the electrical department and all others involved.
- Thereafter, you can approach the Hon’ble High Court under Writ Jurisdiction as per article 226 of the Constitution of India of Mandamus I’m nature seeking stay on the notice issues for disconnection as you should not be trouble for the non action of the builder and a direction to builder also for expedite the process of permission etc. as this is nothing but the violation of your fundamental right of article 21 which is in fact the most pertinent right of a person.
These are serious lapses on the part of the builder and hence file a complaint against him in the RERA tribunal immediately.
Go to either the RERA tribunal or to consumer court for deficiency in services. All these grievances can be raised there.