• Delay in home possession

I am Deepak Kumar Singh presently working and staying in Bangalore. It has been more than 4yrs since we booked the flat 503 C in Srusti Elite Apartment in Bhubaneswar. Still we have not got the possession of our flat. Initial booking amount of Rs 5 lacs and Rs 1471000 has been disbursed through bank. So total Rs 1971000 out of total property value of Rs 2451400 has been given by us. But the false commitment for the possession is still continued by the builder. Recently we got the registration date to be in between  1st week of May 2016 verbally. But it got cancelled after they got then loan disbursement of Rs 245000 showing some false reasons. I am paying the  pre-EMI amount of Rs.13288 monthly since last 3 years. As it is an under constructed project I can not get tax rebate also. Besides that my parents are staying separately in a rented house in Bhubaneswar. Sometimes the builder called me to Bhubaneswar  and then-after  cancelled the registration. In this way I have wasted a huge amount of money and it is still continuing. Many times we have gone to meet the MD Mr. Pabitra Kumar Mahapatra. But he is always unavailable in his office and his mobile no provided by his office staffs is not working. I have already sent them an email mentioning all my problems and asked them to provide an actual house registration date. But there is no reply. The construction is almost complete and I expecting a call from them soon. But my question is that what are the things I should take care while doing registration. They have mentioned in the agreement that electricity,water and car parking are extra. But I got to know that builder can not charge extra for the car parking. Please suggest me on this. Also tell me whether I can ask for the money which I lost due to the delay in possession. In the tripartite agreement there was blank to fill the expected possession date. But the builder took the sign without filling that. Please suggest me what can I do now.
Asked 5 months ago in Property Law from Bhubaneswar, Odisha
Religion: Hindu
This a gross injustice and inordinate delay.
The builder should be served with a legal notice demanding the possession of property and compensation for delay in completion of construction.
You can drag the builder to consumer court for this inordinate delay  especially breaching the contract.
Mere registration of the property shall not solve the problem, 
You should get occupation certificate too issued by the corporation authorities certifying the fitness of the flat for occupying it.
The builder cannot charge for parking separately.  It comes under cmmn area.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1) you can move consumer forum against the builder and seek orders to direct builder to execute regd sale deed in your favour and to deliver possession of flat 

2) also seek interest for delay in delivery of possession and compensation for mental torture undergone by you 

3) in the alternative take possession  of the flat and then move consumer forum against builder and seek interest for delay in delivery of possession , compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Delay in delivery of possession in a building is one of the most commonly faced and frustrating problems for a property buyer. As in any legal matter, you should posses evidence to prove your stand or allegation. Get all papers and documents ready—advertisement brochure, booking receipts with payment details, any letter sent by the developer, signed agreement, all payment details, emails exchanged, photographs collected, and others. Avoid verbal communication. Buyers should always send a legal notice before approaching any forum or court with their grievance. They should have taken objection with the builder against violations or illegal demands by sending a letter so that evidence can be created in their favour to be produced at the time of proceedings

As per this law, you are entitled to take action for delays.  Please remember that before you take any action, it is always advisable to send a legal notice to the opposite side giving them a chance to respond. Once a legal notice is sent, the builder may take action to solve the problem, and you can save the needless time and expense involved in going to court.So send a legal notice and approach the Consumer forum for getting an immediate remedy .
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) request builder to forward draft copy of sale deed for your perusal before registration 

2) you should have sale deed vetted by local lawyer .

3)it would contain all clauses relating total amount to be paid for flat , car parking , litigation expenses etc .

3) check whether it contains averment that building plans have been sanctioned by municipal corporation .


4) if construction has been completed OC or building completion certificate . 

5)property card or 7/12 extract   enclosed to sale deed or not 

6) detailed floor plan containing details of area of flat 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. The possession has to be delivered within the time frame mentioned in the contract, whereas if no time frame is mentioned then it has to be done within a reasonable time as the builder cannot take a complete lifetime to deliver the possession. You can have the property registered in your favour and thereafter issue a lawyer's notice to him to deliver the possession. 

2. If he raises any illegal demand then do not accede to it or pay it under protest so that you can subsequently recover it through your legal remedies before the court.

3. Last but not least, involve a lawyer in the process at every stage to have every document vetted by him.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
The registration of the property is different to that of the other services.  The water or electricity charges shall be as per the terms and conditions made in the agreement.
During registration of the property you should make sure that the papers as mentioned in the sale deed have been handed over to you. Checklist of Property documents is very crucial step of property purchase process. Property transaction in India is document intensive exercise because of complex legal, statutory and regulatory framework.
A sale deed acts as the main legal property document for evidencing sale and transfer of ownership of property in favor of the buyer, from the seller. Sale deed confirm that terms and conditions detailed in the sale agreement as agreed upon between the buyer and the seller are complied. It is mandatory to register sale deed within 4 months from the date of execution else you need to pay penalty or it stands invalid.
R.T.C is issued by the Village Accountant. It contains details of the extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and previous owners, their respective holdings and names of the tenants. This document is required to establish the Title of Land, if the property is located on converted land e.g. converted from agricultural to non-agricultural use
Katha Certificate and Extracts. It has the details of the property in a particular format with the name, size of the property, use of the property (commercial purpose, residential), annual value, when assessed last.
Mutation Register Extracts.  To establish the Title of Land if the property is located on converted land e.g. converted from agricultural to non-agricultural use.
Joint Development Agreement. To establish whether original title of property rests with the Builder or with Landowner.
General Power of Attorney. To establish whether the previous Sale or Purchase was carried out by authorized person on Seller or Buyers behalf.
Building plan sanctioned by the Statutory Authority. To establish whether the property is authorized or unauthorized.
NOC from Electricity Deptt/Pollution Control Board/Water Works/ Air Port Authority. To ensure govt approvals are in place.
Supplementary agreement / Ratification Deed (if any). To avoid any future shock on modified clauses which you might not be aware of & is not included in property documents.
Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA. While availing Bank Loan to buy a property, Builder/Housing Society issues an Allotment Letter to the buyer which contain details like description of the said property being sold/bought by the two parties. Allotment letter is only issued to 1st owner by builder and subsequent owners can demand copy of original allotment letter from previous owner. It is required for Description of Property & Project specification by Builder or Housing Society.
Sale Agreement between Builder and 1st Owner.
 Construction Agreement between Builder & 1st Owner.
Copy of possession letter from the builder.
Payment receipts paid towards the builder
If any loan on the property (Current or past) / Original Property Documents with Bank
Sale agreement with the Seller, to fix terms and conditions for sale.
Latest Tax Paid Receipt till Date of Registration (Property Tax/Municipal Tax etc)
EC up to date for latest 13 years or from the date of registration till date
Demand Letter from the vendor before disbursement
Own contribution receipt along with the bank statement
Occupancy Certificate.  To ensure flat is ready for occupancy and construction is completed as per sanctioned plan
DEED OF DECLARATION. To establish transfer of ownership to original buyer by builder.
The list will stretch based on the prevailing circumstances and local rules  on the case to case basis.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
What they are offered at the time of booking the flat?IS there any leaf let / brochure / email is in your hand to show that what they offered earlier. Check what they provide (car parking / common amenities ) at the time of registration. Read the sale agreement carefully and check how much area they are given (flat area and common area).Once a property is registered, it means that the person in whose favour the property is registered is the lawful owner of the premises and is fully responsible for it in all respects.Check for encumbrances at the office of the Subregistrar of Assurance (State) .

If a property that is under mortgage is to be registered, the mortgaging bank will require an NOC from the housing society in a prescribed format. It would then initiate the loan disbursement, depending on the repayment eligibility of the purchaser. The document will be duly registered on bank’s confirmation of disbursement to the seller after obtaining all the originals from the sub-registrar’s office. The housing society will need to receive an intimation, without which the existing owner cannot create any third-party lien or exercise any right to further sell or grant a leave and license on the property.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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