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Harpal Singh Thapar (Chairman)     25 October 2014

Promises not fulfilled by builder

Dear Madams/Sirs,

My father went into an agreement with a builder allowing him to construct a residential building on our land in (year)early 2000's and sell the flats. In return we were to get 3 flats which were later made 4 and one lakh rupees. The flats were to be given on the first floor.

The builder started work and misguided my father to sign a sale deed of the same land saying that it was a formality in order to avail various govt permissions.

The builder constructed two flats in the ground floor that is actually a garage where all vehicles are parked and in addition to these two flats he gave one on the first floor and one on sixth to us. There has been no registration of these flats till date.

He has occupied one room of a flat on the ground floor as his office.

He also gave a big passage to a neighbour from within the campus of our building and the neighbour being a notorious family not only park their vehicles in our campus, just outside their gate but also misbehave with us and do not allow us to even stand in the area within our campus where their gate is. Our balcony is just above that area and we can not even stand in our balcony because they keep abusing.

the builder has not taken care of any severage also and the entire filth and water coming out of our building gathers in a vacant plot just next to our boundary.

No one in our building is interested to fight against the builder.

I had gone to the authorities to find out who passed the map for our building and to my surprise I have been told that there is neither any rule/act/policy for our locality to build such a building nor is there any map passed for our building.

What should we do in such a situation so that our flats get registered, the neighbour stops thorofare from our campus, we get compensation for not getting flats as per the agreement (as all flats are sold)?

Can the builder be punished by law?

Thanking you in anticipation.

With warm regards,

Harpal Singh Thapar

Jamshedpur

Jharkhand



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 October 2014

Dear,

 

File a police complaint of the fraud committed by the builder upon you while those papers being signed under the pretext being some formality papers. At the same time file a civil suit claiming breach of contract and harassment caused as a reason thereof.

 

Adv Kapil Chandna

9899011450

Harpal Singh Thapar (Chairman)     29 October 2014

Thank you sir for your reply. That solves most of the issue. I still await some information regarding the thoroughfare of a neighbour who being an outsider is using our premises as his passage and has a gate opening within our campus. He also has another gate of his house. day before yesterday he was washing his bike in our campus...when I asked he said that as he has returned from shamshan ghaat (cremation place) he is washing his bike in front of my house as my wife is a ST woman (triba). then his father and wife also came and abused us v badly and next day (yesterday) they went to the police station and gave a written complaint against me. we have also written about his abusing my wife as a tribal and submitted the same in the SC/ST police station.


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