Issue forthwith a lawyer's notice through your lawyer to the builder asking him to hand over the possession to you. If this also proves futile then you do have the legal remedy to file a case seeking the possession or refund of the money along with damages.
Delay in flat possession
Sir I had purchased FlatF92 in HRC HORIZONS 120 Shastripuram Road Agra which was sanctioned by ADA and loan was approved by HDFC LTD as Financier. I have been paying HDFC LTD its EMIS regularly from March, 2008 till date, but i am yet to get physical possession promotors are on run offices closed in agra and ghaziabad i m paying without enjoying possession of flat since Feb2008 where should i go to get possession and get registry done my entire life saving is invested in this pl help in this. As per the Allotment Letter Clause, the builder was to pay Rs.2000/- per month from December, 2008 till date of possession, even today the Flat does not have any Doors, Windows, and is raw without any water and electricity . I have all the snaps, when I was able to contact only once before Diwali the Owner and DIrector of HRC HORIZONS told that he wil arrange to get the flat ready and hand over the possession, but since then he has switched off his mobile. I have also intimated the FINANCIER i.e. HDFC LTD. and have stopped paying the EMI from December, 2013, requesting to locate the Developer and help me in getting the possession of Flat as per T & C agreed, and Registry Done in my name, but the financier has given only a short answer that they are trying to contact the developer and also advised me to trace him, but i could not find. I have some how got the Buyer who is ready to purchase the flat on as is where is basis, accordingly have asked HDFC LTD how do I dispose off the Property and pay HDFC their Full and Final and Get the Registry and Possession done, but they have not reverted. apart from this even from site i found that they have not filed any balance sheet or statement with MCA since their inception. in these circumstances what is the remedy i have got to secure my hard earned money.
Asked 10 years ago in Property Law
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2 Answers
Also, what if I stop paying the Financier and they dispose off my Flat post taking possession under SARFAESI ACT 2002, I have paid 7 - 8 Lacs till date. what will i get in such a case, if the BANK sells the property at stressed sale value
Asked 10 years ago
Respected sir, Many thanks for your guidance, but the problem is that the Builder is not availiable at any of his addresses all his offices are closed, though I had sent a Ordinary Letter on my own demanding the same but the Letters returned unserved with remarks "LOCKED" now what is the remedy I have got. Do I contact the Financier, as they might be having all the Papers with them for getting the possession and registry or do I publish in NEWS PAPER as advised by your goodself and send a Letter to my Financier HDFC LTD., that since I have not got the Possession, I am NOT going to pay till i get the physical possession and Registry done in my name
Asked 10 years ago
Neither an ordinary letter by you nor a newspaper publication will serve any purpose. You must be having the last known address of the builder. Let your lawyer issue him a legal notice at this address and accordingly channelise your legal rights. There are more ways than just one for the court to compel his appearance before the court. The possession can be given by the builder alone.