Builder delaying handover, delayed construction
We had booked an under construction property in 2009, its been almost 7 years and the builder has not handed over the flat. The current status the flat is almost ready- without electricity connection and plumbing. Its a multi-storey building, and only one lift is provided with manual operation, other lift only the trench is there, no lift. There are few people in building who have taken the keys and done grah pravesam. But for those flats the builder has not provided completion certificate. We have been perusing the builder for very long time, and every time he has given us revised dates.
We have lost our patience with the builder and have currently formed a buyers association with about 100 + people in the complex, there are about 500+ flats(we are yet to get others contacts). Most flats in the complex are in varying stage on construction- such as flooring not completed, plastering not done etc. All the floors are constructed. Most people have taken bank loans and banks have disbursed almost 99% of the amount since all the floors are constructed. But it is not in liveable condition.
Builder is not even talking about the common amenities such as garden, multi purpose hall, gym etc. which are promised.
The builder has already few cases against him for tax evasion ( he was put in custody for the same, out on bail) and other cases. There are lot of creditors who are behind him. His other properties are also stalled
Please suggest how do we take this forward? We would want to see returns on our hard earned money invested and finally move into a self possessed home.
There are few things which we see as risks and hence have not taken a legal approach yet.
1. Builder putting the project on hold since we have gone legal
2. Legal verdict / consumer court verdict taking a long time - serveral years more to our agony.
3. Most legal battles go towards compensation - but we want our flats first and then compensation for all the mental agony we have gone though these years.
4. Legal charges would be heavy
We understand from online research that there are some options such as consumer court, legal case and class action. But also understand that there are several such cases pending to be heard and resolved. We do not want to wait for ever to get a verdict and pour more money in this.
Kindly suggest the approach we should take to get a quick resolution.
Asked 12 months ago in Property Law from Chennai, Tamil Nadu
1) to pressurise the builder you have to go legal
2) class before district consumer for intake 2 years
3) seek orders to direct builder to complete project within stipulated period , to obtain OC from muncipal corporation
4) also seek compensation for mental torture undergone by you
1.Take physical possessions of as much flat as possible by you first,
2. After that lodge a police complaint against the builder for cheating you by not completing construction of the flats after collecting payment from you,
3. Simultaneously, file a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming completion of the flats within next 3 months and penalty per day if the said constructions are not completed with interest, damage and cost,
4. Consumer Fora disposes off cases much faster that regular civil courts.
1. Well if you choose litigation you have to be patience and wait till final verdict is passed.
2. The best efficacious remedy one can get is form consumer forum as all comprehensive orders can be be passed by it including compensation and damages.
3. The time period of any litigation in consumer forum is till less then any other court of law of quasi judicial body.
4. In that context I find solution of your dispute to be properly redressed from consumer forum only.
You should issue a lawyer's notice to the builder asking him to honour the promises made by him and reduced to writing. If he does not meet your demand then you can file a lawsuit against him to deliver the possession with all the amenities promised by him to you with compensation for delay. The builder may put the project on hold but he will be bound by the court order. The cases are not decided by the courts at the throw of a hat but they are decided expeditiously now, more so if it is a class action lawsuit.