Builder refusing to register apartment even after 100% payment
I had bought a property at Nirmal Amethyst in Mulund back in 2005. The possession was supposed to be in 2008-09, but they haven't completed the building yet.
In 2011, I paid 100% of the amount of the apartment because I had spare funds. In 2014, I even gave them the DD for stamp duty and registration - but they've been refusing to register my flat. For 2 years I've been patiently taking appointments, but they keep declining to meet, and refuse to answer calls. I want to register the property so I can resell it.
Please advise on what I should do.
Asked in Property Law from Mumbai, Maharashtra
1) file complaint against builder before consumer forum and seek orders to direct builder to register sale deed in your favour and to deliver possession within stipulated period
2) also claim litigation costs and compensation for mental torture undergone by you
You have to issue a legal notice to the builder to register the flat on your name mentioning about all those transactions that have been completed so far in this regard and give him a date for registration.
If the builder fails to comply with the demand made in the notice, you may drag him to civil court with a suit for specific relief and also to the consumer court for compensation for the deficiency of service and also for causing mental stress.
Issue a lawyer's notice to the builder for delivery of possession and in alternate for refund of the sale consideration with contractual interest (if any), and if the builder does not accede to the demand then move to consumer forum to seek the refund of the amount with compensation for delay and mental agony.
I fully understand your problem. Though legally you have recourse to file Civil suit or Criminal suit, the fastest and cost effective option would be to approach the Consumer Forum.
So in order to initiate any legal action (irrespective of civil / criminal / consumer forum)
1) First issue notices to the builder and then if you do not receive reply/ favourable action by the builder within 30 days, you should initiate appropriate legal action
2) The Remedies available to you if you use the legal approach through consumer forum are
a) Demand payment of interest at the rate of 11% or whatever rate of interest the builder has mentioned in the agreement of sale in case of you(buyer) delaying payment. Interest will be computed from the date of you making your payments to the builder AND
b) Costs of alternative accommodation from the date of possession as envisaged at the time of agreement of sale AND
c) Compensation for Mental Stress and Trauma.
d) Penalties for Default. All projects that were due to be delivered before 2012, but have not been completed as of date are now classified under the head " Default" . Heavy penalties are ordered to be paid by the builder to home owner in case of Default and penalty can be claimed in lieu of compensation.
Of late consumer courts have been aggressive and have been awarding orders in favour of Buyers (see above remedies).
Many developers such as Shobha, Parsavanath, Unitech and even good companies like L&T have been facing the music from the consumer courts for project delays and deficiency of service.
The jurisdiction of consumer court is based on the value of property
a) If transaction and relief is Rs. 20 Lakhs or below, case is to be filed in District Consumer Disputes Redressal Forum.
b) amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is to be filed at State Consumer Disputes Redressal Commission
c) If amount is Rs. 1 Crore and above, case is to be filed at National Consumer Disputes Redressal Commission
Hope this helps.
If the builder has not completed the construction then may be for this reason he is delaying the registration. In any case if despite several attempts by you have not yielded results, then approach the consumer court and seek remedy there in possibly the quickest time.
Don't wait any longer because the builder might run away with your money and may never show up again. Also you may lose your chance to file the complaint if is beyond time limit. (2 years from date of cause of action).