builder not providing documents
Adv. Yogesh Pawar
(Querist) 25 May 2017
This query is : Resolved
hello Experts,
I have purchased resale flat in ongoing project in Pune at grampanchyat area. The possession letter of flat is April 2014. Till now builder is now providing Work Completion Certificate, MSEB NOC, and other legal documents. We have demanded many times but there is something illegal in construction that's why he is not providing. How to get the documents if builder is not providing ?
Rajendra K Goyal
(Expert) 25 May 2017
File consumer complaint for deficiency of service.
Adv. Yogesh Pawar
(Querist) 25 May 2017
I approached consumer forum but they rejected the case because I am second owner.
Kumar Doab
(Expert) 25 May 2017
A query on 'Gram Panchayat' is discussed in another thread at:
http://www.lawyersclubindia.com/experts/About-purchasing-a-flat-under-gram-Panchayat-641266.asp
Kumar Doab
(Expert) 25 May 2017
'Buyer Beware'
apply to property deals.
Asking, hearing, telling etc are all verbal modes.
Did get proper legal opinion from a local counsel of unshakable repute and integrity specializing in revenue/property/civil matters and well versed with local rules/laws and latest notifications etc ............
Kumar Doab
(Expert) 25 May 2017
Mr. Yogen Kakade and Mr. Hemant Agarwal that are from Maharashtra have posted in other thread.............
Some of the comments:
'Grampanchayat approval of the building plan is not valid in Maharashtra.. even if the property is not located in the municipal corporation limit.. the flat you are purchasing is illegal..'
Kumar Doab
(Expert) 25 May 2017
Ask your local counsels if RERA provide relief.
Adv. Yogesh Pawar
(Querist) 26 May 2017
I have already served legal notice and approched consumer forum, but forum rejected the case on the ground that I am second owner.
Guest
(Expert) 26 May 2017
Better Consult A Local Good Senior Advocate With all the Details
Guest
(Expert) 26 May 2017
It is Not Mandatory that only the Person booked the Flat should file Consumer Complaint
Guest
(Expert) 26 May 2017
Even in Courts You could Seek the Remedy
Guest
(Expert) 26 May 2017
Better Discuss with A Local Good Senior Advocate in Detail Please
Rajendra K Goyal
(Expert) 26 May 2017
Finding of consumer forum need to be referred, discuss in detail with local lawyer for further course of action.
Kumar Doab
(Expert) 26 May 2017
You have already clarified in the beginning that 'I approached consumer forum but they rejected the case because I am second owner.'.
The local counsel well versed with local rules/laws and that has examined case file of consumer forum can opine the best.
Hemant Agarwal
(Expert) 26 May 2017
1. "IF" the Flat is in "Pune Municipal Corporation (PMC)" area THEN there cannot be any gram panchyat jurisdiction.
2. File various RTI applications with the PMC, MSEB, for all the relevant papers of the project. This is time consuming, BUT will be very fruitful.
3. Obtain POA of the First owner, for any & all Acts. Serve Legal Notice to Builder & PMC & the Fire Dept.,
4. File a private criminal complaint u/s 156(3) Cr.P.C., before the local criminal magistrates court, against the Builder the EE of PMC, for relevant investigation and prosecution.
5. Based on point no. 2 and 3 (above), file "afresh" a complaint before the local Consumer Court. IF the local Consumer Court refuses THEN file "appeal" before the appellate State Consumer Court.
6. Based on point no. 2 and 3 (above), File a private criminal complaint u/s 53 of the MRTP, before the local Municipal Court, against the Builder, for relevant investigation and prosecution.
7. Based on point no. 2 and 3 (above), File a Complaint with the Pune EOW, against the Builder & EE OF PMC, for relevant investigation and prosecution.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 26 May 2017
You can benefit from the advise of Mr. Hemant Agarwal.
Adv. Yogesh Pawar
(Querist) 27 May 2017
Thank you all Experts. Special thanks to Hemant Sir.
Guest
(Expert) 27 May 2017
Welcome Please
Kumar Doab
(Expert) 27 May 2017
Your special thanks to Mr. Hemant Agarwal is also appreciated.
Kumar Doab
(Expert) 27 May 2017
Dear Mr. Hemant Agarwal,
Thanks for reverting in this thread with your precise and concise comments.
Hemant Agarwal
(Expert) 28 May 2017
THANKS for all the thanks from friends and querist.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 28 May 2017
Dear Mr. Hemant Agarwal,
You are welcome.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 26 May 2017
