SEZ Property Issue and Builder delays
We are 5 friends, we have purchased a apartment in Maharashtra and builder is not delivering the flat for over 9 years now. We were considering to go to National consumer court but as our combined property value is above 1 crore. We have few items that are cause of worry. We like to seek some free advise before we can consider a full consultation.
Issue 1 - The property we purchased is under SEZ. We did not understand at the time of purchase and developer did not explain to us that we cannot lease, sell the property in the free market. Now we know that we can only rent or sell to individuals in the SEZ. The SEZ committee has asked builder to de-notify the property and make it dual usage but he wont take any action for over 3 years now as he needs to return taxes claimed. What should we do to force him to de-notify allowing dual usage.
Issue 2. The property delivery is delayed for 9 years now, If we go to consumer court we have couple of dilemmas . Consumer court will not provide us solution in above SEZ issue. They may help in getting compensation for delay. But we heard we cannot go to consumer court as our case is weak if we are second home buyers. The second problem is if we upset the developer by going to consumer court , he wont let us rent /sell the flat outside the SEZ. So we will be double punished.
What must we do. We are in catch 22 situation.
What do you suggest we do.