• Incomplete project

Dear Sir,

Property booked: November, 2011.
possession promised: December, 2012.
Project status: 40% complete.

We had booked a flat on 3rd floor of 26 storey project in Mumbai suburbs and  got the loan from SBI. The project is far  from completion as the required CC for the building is not obtained by the builder. On inquiring on completion date, the builder brothers office response was there is dispute among the brothers. Till date there is no work going on at site. The builder has stopped after 10th floor slab. Later on it was learnt from different sources that the builders have sold flats to multiple buyers. All the buyers have formed an association and filed individual police complaint against the builder. Upon which the builder brothers have agreed to resume the construction works. So far nobody has withdrawn their police complaint. We all members are clueless how to get this project completed or get it out from the builders hand or how to proceed to get this project completed. 
Please advise?
Asked 1 year ago in Property Law from United Arab Emirates
Religion: Hindu
1) file complaint before consumer forum against the builders to direct builder to complete project within stipulated period , obtain OC and deliver possession to the flat purchasers 

2) it is better that complaint is filed by the association of all flat purchasers 

3) also seek compensation from the builder for mental torture and litigation costs 
Ajay Sethi
Advocate, Mumbai
27410 Answers
1490 Consultations
5.0 on 5.0
1. Police complaint will not suffice as the grievance of the buyers can be redressed only through civil action. The failure of the builder to deliver the possession within the promised time frame makes him liable tp refund the advance amount and also compensate the buyers.

2. You and the other buyers can issue a lawyer's notice to the builder to demand either the completion of the project and delivery of possession, or the refund of the advance amount paid to him. If the builder does not comply with the legal notice then the buyers can move to civil court to seek the refund of the advance amount with compensation or delivery of possession,
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
1.File police complaint bring the charge of fraud and cheating against the builder,

2. If police fails to take any action, file a Writ Petition before the High Court against police inaction and praying for re;lief,

3. You also file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming payment of the money required for buying flat of same area in similar location, interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
1. The police complaint is not enough to resolve the dispute.
2. You have to file a case before the consumer forum for a direction on completion of project and compensation out of the delay.
Devajyoti Barman
Advocate, Kolkata
6921 Answers
78 Consultations
4.9 on 5.0
Hi, you have to file a consumer complaint against the Builder for deficiency of services and also sought for cancellation of the allotment and ask for refund of the amount with interest.

2. First you have to issue a legal notice and thereafter file a consumer complaint in the District Consumer Forum.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0
Approaching the consumer forum is the best legal remedy in your case.Issue a legal notice to the builder.Give pressure to the brother to build the project with in a span of time.
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0
There seems to be a fraud involved in this project.  The builder brothers may be in collusion with each other but pretend to the outside world as if in the lock horns. If the project completion is not in the sight of any immediate future, you may decide about cancelling the booking and terminate the sale agreement owing to the breach of the conditions of sale agreement and seek return of amount as per the termination clause n the sale agreement.  You may draw the builder to the consumer forum too for his deficiency of service to the customers and may seek compensations over the delay and deficient service.  
T Kalaiselvan
Advocate, Vellore
17550 Answers
166 Consultations
5.0 on 5.0

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