Builder not giving possession of flat
gopal
(Querist) 24 January 2018
This query is : Resolved
Respected sirs,
I have contract with builder to buy one flat in their project.
the contract is stage by stage i have to pay the amount to the builder.
i got a finacial support from HDFC bank, the bank release the amount stage by stage of completion of work.
atlast stage the HDFC paid final installment rs 51 lakhs. after getting the payment. the builder demanding 2.5 laksh for the late payment, i send mails to them that i did not made any late payment, but they are not considering my words they are insisting and forcing me to pay the 2.5 laks then only they give the flat key and possession.
now i am in a critical condidtion so i am requesting your help and guidance pls
sirs
there is a 2 situation to me
first one is , i have to pay the said demanded amount and get the key and possession of the flat, after getting the key , i have to file a consumer complaint case against the builder for unfair trade practice in consumer court.
Second one , at this stage without paying the demand amount, file a consumer complaint before the consumer court to hand over the keys and possession , (if i choose this way till the case complete i cannot get my flat keys and possession).
from the two situations above, which one i have to select first one or second one kindly tel your views and guide me in this regard
i am looking your guidance here
One more request
from the starting i and the builder were sending and receiving emails for communication
is it email communications are valid evidance in court of law kindly clarify
thanks in advance
regards
Vijay Raj Mahajan
(Expert) 24 January 2018
First option is best. Pay and get keys and possession of the flat, fight for recovery of extra amount paid along with damages and cost on the ground of unfair trade practice by builder in the District Consumer Forum. This amount definitely will come back with interest, damages and cost to you and you have lawful possession of the flat in hand at the same time rather waiting for both decision of the consumer forum and flat for number of months and maybe years.
Yes emails are admissable valid evidence u/s 65B of the Evidence Act.
R.Ramachandran
(Expert) 24 January 2018
Not only mere possession of the flat, you also have to get registration of the flat in your name by registering it with the Sub-Registrar's office. If you do not get it registered now, (but approach the consumer forum in between), then the builder may create trouble in future.
Guest
(Expert) 24 January 2018
Rightly advised.
.................
gopal
(Querist) 24 January 2018
Thanking you legal experts, you have given a very valuable advice so thanks a lot
Dr J C Vashista
(Expert) 27 January 2018
I agree with experts, get the documents registered in your favour, secure your possession and claim extra amount paid.
R.Ramachandran
(Expert) 05 July 2018
@Ms.Usha Kapoor: You get upset unnecessarily when something is pointed out.
Now tell us, What is the great thing that you achieve by Agreeing on the views of Mr. Vijay Raj Mahajan, after about 5 months?
Do you think that the querist was just waiting with bated breath for your Agreeing or not Agreeing?
