• Builder buyer agreement - after registry

Hi,
I am an OCI residing in Australia. I booked a flat from Anthem Infrastructure - French Apartment 2014 and paid all requested money even 5 lakh more than what agreed and possession and registry done in year 2019. 

Builder never gave me full documentation and I came to know when try to sale my unit. Missing documents are BBA, Allotment Letter, Possession Letter and latest NOC.

Now builder is demanding Rs 12980 to issue BBA, Rs 208,176.00 to issue NOC, Possession they given after several approaches, Allotment letter is part of BBA told by builder. 

Please help to guide how to get these missing documentation ? I am 61 year old and cannot fly and stay in INDIA for long and chase up builder for these documentation and builder is taking benefit of my immobility.
Asked 17 days ago in Property Law
Religion: Hindu

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13 Answers

The demand is illegal 

The cost for BBA must be towards legal charges 

But u have already paid 5 lacs extra. So you are not required to pay single penny 

The builder is statutorily obliged to register a BBA with you on receipt of 10% sale consideration from you 

Also there cannot be any transfer fee for noc charges since the possession is already given to you 

Had the possession not been given and you were to sell the flat then the noc charges would be applicable 

If project is registered with Rera then plz file a rera complaint through a lawyer 

First issue a legal notice to the builder and see what he responds 

Yusuf Rampurawala
Advocate, Mumbai
6852 Answers
76 Consultations

5.0 on 5.0

 This is clear case of deficiency of service by builder. You have many options in law against builder. You need not come to India for proceeding against builder. You can proceed against him through GPA drafted abroad and attested by Indian consulate. You can file complaint  against him through in District Consumer Commission under new Consumer Protection Act, 2019 forcing to furnish all documents. District Consumer Commission have power to give such direction to builder. You can also file criminal complaint in the Court of Magistrate against him for the offence criminal breach of  trust in withholding your documents. Court will direct police to register FIR against him and produce him in Court.  Criminal complaint is faster solution.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

Issue legal notice to builder to furnish requisite documents 

 

2) builder cannot demand any money for furnishing said documents 

 

3) once sale deed is executed duly stamped and registered you are absolute owner of property 

 

4) wait for society formation then sell your flat as society can only demand nominal transfer charges 

 

5) you can file complaint against builder before consumer forum and seek orders to direct builder to furnish documents sought by yiu 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

A possession letter is a document issued by the developer in favour of the buyer stating the date of possession of the property. It is issued after the developer gets a completion certificate from the designated authority.

Builder-buyer agreements, which are drafted and executed at the time of sale of an under-construction property, act as a sale agreement between the buyer and the builder. The buyer and the builder have to conclude the property transaction, based on the terms and conditions mentioned in the builder-buyer agreement, which clearly states the nitty-gritties involved in the property sale.

Since you have already taken possession of the flat it may not be of any use to you at this stage, because you should hav obtained at the time of booking the flat and not after taking possession.

You can issue a legal notice to the builder demanding the missing documents and ask him to comply with the demands made within a week, failing which you can file a complaint before the consumer commission within your city for deficiency in service and also for compensation for the mental agony you suffered.

 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

It's better you approach consumer court it's pro consumer

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

A complaint must be filed in the RERA tribunal immediately against the builder for defrauding you. Engage a lawyer who will file the complaint.

Rahul Mishra
Advocate, Lucknow
13709 Answers
63 Consultations

5.0 on 5.0

Dear Client,

if the builder is asking for more than 10% of money, then you can file a complaint against that builder. 

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

- Since, the said property already registered in your name , then the builder cannot deny to give NOC, Allotment letter etc. legally.

- You can send a legal notice to him for handing over the said documents to you, and if denied then file a compliant before the consumer forum for getting the same and to claim compensation for harassment.   

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

There are number of lawyers on this website from Delhi /Noida 

 

contact any of them 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

You may have to look for a suitable lawyer who can effectively handle the case during your absence too.

Don't give a general call on this public platform, you may not get desired response, hence better look for someone in the local  and after verifying the credentials of the lawyer chosen, you can entrust this task. 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Best of luck

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

- You can engage any lawyer of this website for contesting the case 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

Dear Client,

you can get a good civil lawyer in the mentioned places by contacting the good law firms in that locality or through the persons you know in that area.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

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