Property
Srinivas
(Querist) 31 January 2012
This query is : Resolved
Dear Sir,
My Name is Srinivas Gundlapelli, 31 yrs old working with a Logistics firm in Mumbai, salary is 16,000Rs per month, with lots of effort i had invessted a property in Solapur (Maharastra), The Builder is not a Proffesional builder, he had developed his own old House into 3 storie building where on the third floor i had taken ane flat at the price of 13LAC 21THOUSAND....While taking the token he promised me that he will arrenge for a HOME Loan also....while booking i told him clearly that i will give 4 Lac in installments and after 4 Lac we will make registration and rest you provide me Home loan.....But my builder had just given me challans Of 4 Lacs after which he said no need of giving just trust me....after that he had asked me more money but that time i was not having the same with me for arrenging one lac i was delayed for 20Days for which he had asked me 50,000.00Rs extra as a Compensation....That time i was not having any choice as my Registration was not been done....i paid him 50,000 thousand Rs extra and One Lac Twenty One thousand Rs.....and asked him to make Registration...for which i had paid 56 THOUSAND AS a Registration fees....In this Agreement the Amount of the Property is 8LAC where i paid 25,000Rs as a Token, Rest which i had given to builder was Black, from which i just have a challens and that two 4Lacs and the Original challens he had taken it while issuing Registration, i have 4 Lac Rs challens Photo copy.....and Later the builder told me that the Loan need to take yourself, i am not going to help you in taking a loan.....In the Registration there was a points where you have to Issue money as per the slabs of the building......After one month my builder sent me a notice saying you need to issue a Ammount(not mentioned)within 7 days other wise we will reject your contract....in reply i had sent him a 50,000Rs cheque and replied him that your work is not been completed...the 2nd Notice he had sent after 15 days saying we are rejecting the agreement as you had not paid the amount as per the agreement......for which i had sent a replay saying i am ready to pay you the 18% intrest as mention in the agreement as a late fees...also i had asked the NOC from builder as my Bank asked me to submit the same.....after that i had once again sent him a Notice with 2,25,000Rs cheque asing for a NOC.....after which he had replied me after one month that we are rejecting your agreement as you had not paid the amount on time, also said we have only 25,000Rs of your which you can take with us.....Pls guide as I had paid a total of 5,71,000 Black for which I have only 4Lac challens that too Photo copy…and 25000Rs White and 56,000 Rs Registration…..But he had mention in the last notice that I had paid him 4.75 Lac in which I had taken back of 4.5 Lac….which I had not taken…….right now I had replied against his notice, issued a notice in News papers and also filed a legal case in the court through Advoce……what I need is some guidance for you people….like 1…Can there is any way where we can stop the construction of the building where he can come for settlement if he get pressure from other investors…..if we can is there any disadvantages…2..He did some illegal construction also…is there anu other thing which my Advocate can file..3…How many days it can take minimum to get my flat back….4…..Is my Challens which I have only Photo copy can make any impact against proof….pls Reply……u can also call me on 7738761261 my mail id is srinivas.gundlapelli@globallogistics.co.in or sri0479@gmail.com hope you will help me surely…..
Regards
Srinivas
Devajyoti Barman
(Expert) 31 January 2012
You have compounded your your own problem.
What is the terms of agreement for sale? No one can go beyond that.
Anyway if you have already made payments then file case before the Consumer Forum for early registration , for compensation out of delay and for return of excess payment.
Srinivas
(Querist) 31 January 2012
I had already filed a case against the Builder saying we had sent you the cheque of 2,75,000 Rs and we want to pay the rest once you will issue the NOC....CAN YOU PLEASE GIVE THE REPLY FOR MY 4 QUERIES PLEASE.
Devajyoti Barman
(Expert) 31 January 2012
You can ask for injunction against any transfer of proposed flat in the Consumer Forum itself..
Raj Kumar Makkad
(Expert) 31 January 2012
Nothing to add in already discussed query.
Guest
(Expert) 31 January 2012
yes i do agree with Barman Sb.
Manoj kumar,
Advocate,
Delhi.
Ph: 0931 044 3650
advocates.agra@gmail.com
Srinivas
(Querist) 09 February 2012
Sir, Could you please guide me as there is any thing where we can stop his construction???
prabhakar singh
(Expert) 09 February 2012
Depends upon agreement between you two.
Srinivas
(Querist) 09 February 2012
Sir,
There is a point where they mentioned in the registration saying The Owner(builder)deliver possession of the said flat to the purchaser at the time of sale deed......and the sale deed is executed within 6 months from the date of agreement of sale...But he had not completed his work yet still he had to complete his 20% of work....then too he had sent a notice saying termination of contract...pls guide
prabhakar singh
(Expert) 09 February 2012
Then you have no right to stop constructions.Be guided as rightly told by Mr.Barman.Those are only your remedies,damages via forum for delay.
Srinivas
(Querist) 09 February 2012
Ok Sir, But i want to understand that Did he have a right to send a notice of termination as he had not completed the building.....also i am not understood what Mr.Barman told...could you please explain me clearly...also my advocate told me to Appoint a professional photographer to take the photos of my under construction flat so that he can make a CD of it and submit it to the court....but when we went to take a photograph the builder is not allowed us to do so...i told this incident to my Advocate about this...so what is the prompt action he has to take....pls guide???
Srinivas
(Querist) 29 February 2012
Sir,
As i already filed a case against my builder at Solapur court, i want to file a case against my builder at Cunsumer court also as advised by Mr.Burmen, but the problem with me is i stay and works in Mumbai and the property is at Solapur where my Wife's Parents stays...is there any way where after filing the case against my builder i can recommend my Wife's Parents, whenever there is a hearing of the court...Please suggest.
Regards
Srinivas
