Dear All, We have booked flat from a builder for whihc we were supposed to get possession of the flat timely from builder in 3-4 qtr of 2015 whereas he is not been able to provide possession to us till now after multiple request and visits made to the builder office. Following is the status for which we require suggestion or remedy to get things done. Building is ready for occupying (G+4) however following things are still not being done - Electricity connection has not been applied - Sewer and water connection is not being applied - Fire department safety approval isnt being applied or shared - Lift is not being installed - DG isnt being bought - Illegal construction at stilt / parking space has been encroached upon by Land owner - Illegal Penthouse and office has been built by the landowner in connivance with the builder - No OC has been issued - Individual flat finishing issues - No gymnasium at the site Few buyers have already move in to the building without above facilities due to their personal problems like unable to pay rent and housing loan EMI. Temporary electricity connection which gets issued by the authority for construction activity is being utilized currently. This project consist of 55 flats and more than 80% has been registered by the registration authority. We are approaching builder since past 6 months for getting the above requirements fulfilled and handover possession of flats to all individual buyers. We all have different possession handover dates starting from March 2015 to June 2016 whereas no honor has been done from the builder side for the commitment. Builder has started winding up his office from its registered location post visiting at the office, they have also stopped meeting to us. Some of the flat owners are yet to pay the entire payment to the builder where pending amount is not more then 10 %. Requesting you to guide us how we can get this unfinished project completed by the builder and remove illegal encroachment from the building. We all owners ready to deposit pending money against guarantee for completion of project. Project - Sri Krishna Builder : Prabhavathi Location: JP Nagar 7th Phase, Bangalore
1. Well the his clear case of deficiency of service and unfair trade practice.
2.In that event you can file a case beofre the consumer forum .
3. In the consume forum you can apart from seek necessary reliefs including completion of unfinished works and condensation.
4. However the consume forum can not direct removal of encroachments for which you have seek civil remedy.
File complaint against builder before consumer forum and seek orders to obtain occupation certificate from muncipal corporation
2) also seek compensation from builder for mental torture undergone by you and litigation costs from builder
3) also seek orders to builders to remove encroachment
1. Issue a lawyer's notice to the builder to deliver the possession to you and provide all the basic amenities which are currently not installed in the building. It is his duty to obtain OC without delay.
2. If the lawyer's notice also proves futile then sue him for delivery of possession with compensation or refund of money paid in the consumer forum
It is the duty of the builder to complete the project and getting completition certificate from the government authority. Issue a legal notice to the builder to deliver the possession to you and provide all the basic amenities which are currently not installed in the building as per the agreement. It is his duty to obtain occupation certificate from Muncipal Corporation without delay. If he is not amenable for that file a complaint before the consumer forum for seeking compensation in Deficiency in service, improper amenities, ceiling leakage, improper drainage system, incomplete fire safety system, low quality of electrical wiring, improper water provisions, not providing the occupation certificate, etc
In case the builder has not received the completion certificate from the concerned authority, the allottee can file a RTI application with the SPIO of the local Municipality demanding the copies of all the documents submitted for seeking approval of the concerned authorities and can file the required NOCs with the concerned authority and can obtain the completion certificate himself
The Supreme Court has held that a consumer has the right to approach the Civil Court or the Forum under the Consumer Protection Act for relief in a situation where the builder commits breach of his obligations. There are well laws such as the Maharashtra Ownership Flats Act or the Development Control Rules under which the case can be filed before a Civil Court for damages for refund of amount and interest on the said amount. An allottee can approach the regulatory authorities complaining against the non compliance of the statutory obligations by the builders. In cases where the builders make false promises to the flat purchasers and do not comply with their statutory obligations, the allottee has an option to file a criminal case in a criminal Court against the builder along with the consumer complaint to be filed in consumer forum. The allottee can file a criminal case under the provisions of the Indian Penal Code, 1860 for cheating, breach of contract, not responding the grievance and delivery of poor quality construction. The allottee can issue a statutory notice to the builder. In case the builder does not respond to the notice, parties have a right to approach the Criminal Court. A police complaint can be filed after the issue of notice and then a criminal complaint can be filed before the Metropolitan Magistrate. The complainant should bring out irregularities committed by the builders while executing the constructions of the building.
Note :
Form the society and install electricity and other amenities and complete the work if the builder is elope from his work.
You have to issue legal notice to the builder citing all those drawbacks which need to be completed at war footing and to handover the possession of flats properly completed in all respects.
On the builder failing to respond or compliance, you may drag him to the consumer forum to get your grievances redressed.
The legal process may no doubt further delay the possession but that will fetch you proper and permanent relief.
