Nagendra 23 November 2015

Builder is asking for more money to give possession letter

Hi All,

First of all I would like to thank the lawersclubindia for creating such a wonderful group.

We are in a tricky situation and I need your help in proceding with my problem.

We have purchased a flat in Dec 2013, and got it registered in Mar2015, after paying all the necessary dues. We bought this flat with furniture and we agreed for registration even though builder has not furnished the apartment as he orally promised that he will do it in a month, After repeated requests, he is still not giving the furniture, But when we met him, Now he is asking for some interest penality etc etc, which he never mentioned during registration. We had to hold some money until registration as he was not fulfilling any promises and the house is still not ready for occupation. We have been paying maintenence and electricity after registration, but we are not getting the furniture and possession letter.

Please suggest us on how to proceed further.

Thanks for your help here.

Nagendra

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 November 2015

Sir,

First and better way to proceed is to send a legal notice to him for fullfilling his promises, if nothing happens even thereafter file an application to consumer court for deficiency in service.

Warm Regards

Kapil Chandna Advocate

09899011450

1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 24 November 2015

Typical habit of builders . Send him a notice as rightly suggested by Kapil . Thereafter despite that if he does not comply then a case is the only option

1 Like

Nitish Banka (lawyer) 24 November 2015

Dear Nagendra,

you m ay approach consumer fora and the CCI as builders are misusing their dominent position and it does amount to unfair trade practices.

Thanks & Regards,

Nitish Banka

9891549997

1 Like

Nagendra 25 November 2015

Thanks everyone for your time and replies. They are helpful.

T. Kalaiselvan, Advocate (Advocate) 03 December 2015

This kind of after sales hostile attitude among the builders is very common. They will be looking for money for each and every dealing/obligation especially after registration of sale deed because control is in their hand.

Now since you are aggrieved over the problem, you may issue a legal notice to the builder damaging the supply of the furniture as per agreement (even oral agreement), If the builder is not responding properly or not complying with your demand , you may either drag him to consumer forum for deficiency of service or can file a suit for compensation against the furniture cost in a civil court.