Dear Sir, I am seeking legal help on my property which was purchased under the subvention plan and last payment was due on 31st March 2020. Total payment due is Rs. 8 lakh including all interest till 27th Oct 2020. We had met builder yesterday as they have disconnected the electricity to the house without even calling or informing and we also informed that we have not received earlier notice (Even though we were aware that this was due and was working with our bank to finance it) and because of COVID this last payment which was to be made from our Banker was delayed and confirmed that we will make balance payment with immediate effect after arranging funds within 1-2 days. Strangely today we have got Notice of Eviction dated 27th Oct 2020 from builder with immediate effect and also asking to pay balance payment and evict the flat and return in the condition they have provided the flat. The total value of flat is Rs. 2.80cr and we have paid 1 cr in stage instalments under subvention plan and only last payment was delayed of Rs. 8 lakh. I want to know what legal right I have as I still do not have registery in my name and builder is using some clause from BBA and other documents signed during possession saying this was Permission to use only and threatening to charge Rs. 45000 per month if not evicted. Kindly advise what legal right do I have and what should I do in this case as I have almost paid all the amount leaving apart from Rs. 8 lakh balance including interest which we are willing to pay and have informed them already about it before this Notice of Eviction also. Regards Avilash Kumar
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Electricity is essential service and cannot be disconnected by builder
2) file complaint against builder before police station for disconnecting electricity supply
3) e gage lawyer and file reply to eviction notice
4) file complaint against builder before RERA and seek orders to direct builder to accept balance payment of Rs 8 lakhs and to set aside eviction notice
Your are entitled in law exercise part performance right to enjoy the property.
Inform the builder your willingness to pay the balance amount and your legal right to continue the possession of the flat in part performance of the sale contract. Seller is debarred from enforcing against the transferee in respect of the property of which the tranferee has taken or continued in possession. Anything in contravention of the above shall be illegal and shall be liable for legal action and all consequences thereof.
You need not to be worried. Law is very specific and in favor of buyer.
You can issue one legal notice.
You consult a lawyer and issue reply notice denying their allegations.
You approach court with a suit for permanent injunction against the builder to restrain them from forcibly evicting you other than by due procedures of law.
You can also demand restoration of electricity supply by filing an application before the same court.
You can seek remedy under specific relief Act immediately. He cant evict you in such a way.
- Please note you can obtain stay against illegal eviction from the civil court Gurugram with immediate effect provided you have valid grounds and valid reason to prove your inability for above stated failure.
- Conditions mentioned under BBA can not be lopsided against you as per Honable Supreme Court of India.
- You can feel free to connect if needed any support.
Regards
Vivek Arya
Respected Sir,
You may file a Civil case or IN RERA for the same.
The total value of flat is Rs. 2.80cr and we have paid 1 cr in stage instalments under subvention plan and only last payment was delayed of Rs. 8 lakh.
Kindly clarify the status of your payment. What i understand is if the value of flat was 2.80 cr and you have paid 1 cr, then the balance due to be paid would certainly be more than Rs. 8 lacs.
Also please highlight the stages of installments required to be paid by you as per the agreement between you and the builder. Your clarification on these two aspects would help me to assist you in a better way.
