• Builder delay in completing apartment complex

Hi,

I have purchased a flat in a Apartment complex by name"Aakruthi Homes" in Mahadevapura Bangalore. This project is developed by Sai Pragathi Estates & constructions based out of hyderabad. This company belongs to Prathap Reddy(ex MLA in telengana). This is an apartment complex of  2 blocks with 90 flats(in total)

I have booked a flat in Oct 2012 and subsequently had done agreements in January 2013. The duration for completing the project was 18 months with a grace of 3 months. We were supposed to get the handover by Oct 2014(including grace period).The building is delayed by 19 months and no signs of completion. We have paid the complete money as it was a mandatory clause for registration. As the EMI has started, i did not have any choice other than to move in in July 2015.

This is where the actual trouble started, We moved in without basic amenities, where in the building doesnt have the compound wall on one side, on temporary power etc.

As the builder is based out of hyderabad, he doesnt have his key people in bangalore. The supervisor doesnt know any thing and literally we are living in miserable conditions. The builder is not doing any work and there is no sign of completion. He wanted to construct 8 flats which are not in plan and when residents objected he has completely stopped things. In the interim he wanted us to pay money for getting the OC and 

He doesnt respond to calls, there is no response on the mails sent to them. The queries are

1. Can we go legal against the builder demanding timelines for completion
2. He doesnt want to form an association and he is also not maintaining things. What can be done in this case
3. Can we go individually if there is a different opinion as a group
4.Will approaching local authorities like BBMP help us here

Today we dont have power in one of he blocks from 4 days as a fuse in the transformer has to be replaced. We have a generator at the apartment but the connections are not given. It took the builder spoc 2 days to get to know the root cause and then he is unable to act on things. Although we managed to get a generator, do some temporary arrangements now, but the issue of ownership & responsibility is not there. 

Kindly let us know how we can go about this.
Asked 7 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, It is a good case of deficiency of service on the part of the Builder, you have to file a consumer complaint against Builder in the District Consumer forum before filing the Complaint first you have to issue legal notice and then proceed to file a compliant in the District Consumer forum.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) file complaint against builder before consumer forum for deficiency in service and seek orders to direct builder to complete project within stipulated time and to obtain OC from muncipal corporation 

2) also seek compensation for mental torture and litigation costs 

3) you can file complaint individually and ado seek order to form cooperative society of members and execute conveyance in favour of society firmed of members 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1.  You can issue legal notice to the builder making the demands clearly in the notice. 

2.  He cannot object to forming of an association, it is the flat owners who have to decide.



3.  Strength will be only in unity and not in individual 



4.  Yes you can approach the authorities with an application or representation.
 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1. Issue him a lawyer's notice to demand the amenities that he had promised. If even then he does not honour his commitment then file a case before local Consumer Dispute Redressal Forum (if the cost is for more than Rs.20 lakhs then file it before the State Commission) alleging deficiency in services and unfair business practice claiming the promised amenities, interest for the months of delay, damages for agony & harassment and cost. 

2. All the aggrieved buyers may together adopt the legal remedy mentioned above through a class action lawsuit or they may proceed individually.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
Hi 
1) First issue legal notices to your builder for deficiency of service 
2) If there is no commitment of favorable response, file a case in the consumer court.
3) You can issue legal notices and file court cases either individually or collectively depending on your convenience. 
4) The builder has no right to stop a formation of association. If there are around 8 willing flat owners, you can form an association and register the same with registrar of societies. then the builder will need to come to you only. 
5) BBMP will not be of help.  Their only help could be in prevailing upon the builder to complete the building as per sanctioned plan and amenities  and then issue the Occupancy certificate. 
6) It is the builder's job to get the Occupancy certificate and he should do it at his own cost. Flat owner's need not pay for occupancy certificate. 
7) Please be informed that consumer courts are very aggressive in the recent past and have been issuing orders favorable to Flat owners

For your information, from internet you can find out how flat owners (Through consumer courts) have literally won cases against leading builders like Amrapalli(Dhoni was a brand ambassador for this company), Unitech, Jaypee, HDIL, Emar MGF, Parsvanath, Shobha etc and have been able to get a fair compensation for the sufferings the flat owners had undergone . 

All it takes is for one flat owner to approach the Consumer Court to bring builders like Prathap Reddy to their knees.
Hope this helps. 
 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0

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