Builder demanding extra black money to issue share certificate
tejas
(Querist) 25 March 2015
This query is : Resolved
Dear Experts,
My father bought flat in thane and got possession in 2005 after paying whole amount(white+black). After few months or years when society was formed share certificates were issued to all. My father's signature was taken on issue of share certificate and nominee registration. Few years back when my father retired, he could not find the share certificates. He made application to society to issue duplicate copy of certificates.
After wasting couple of months now society says, builder have objection in issuing the certificates. According to society letter, builder is demanding extra black money.
This is pure cheat by builder, if we had kept his money then would builder allowed us to stay till date without any communication from his side. After 10 years he is demanding extra black money to issue duplicate certificates. Above demand in his letter to society is causing defamation of my parents.
Now what to do and whom to approach to get our share certificate and complain against builder.
please help,
thank you,
email: electele@gmail.com
mob.: 9969143847
ajay sethi
(Expert) 25 March 2015
opnce society is formed builder has no role to play . if share certificate is lost society can issue duplicate on furnishing indemnity bond by flat owner and issue of public notice in newspapers . move consumer forum against society for deficiency in service
Rajendra K Goyal
(Expert) 25 March 2015
The society people seem to be fooling for the reasons best known to them.
Move to consumer forum.
tejas
(Querist) 25 March 2015
Thank you experts for your responses. But i would also like to add to above query that builder have office in our society. Is he considered as member of a society as he owns a shop? In this situation, I should file a against whom?
Thank you,
ajay sethi
(Expert) 26 March 2015
complaint should be against society . once society is formed builder hands over charge to society for management of its affairs
tejas
(Querist) 27 March 2015
Dear Sethi Sir,
I am still confused. As mentioned earlier when my father didn't found share certificates at home, he approached society office. Society informed to do FIR and affidavit and then within 15 days they will issue the duplicate copy.
After submitting FIR and affidavit, few months later society circulated the notice in society to know views of members for issuing duplicate copy to us.
When my father asked about status of issuing duplicate certificates, society informed builder, who has shop in C-wing, is having objection in issuing it. Builder is demanding for extra black money. Also society letter now mentions that builder have received our original share certificate.
I want to know how without my father's consent our share certificates were given to builder.
this whole thing is unnecessary causing tension to my father even after paying whole amount as decided.
please guide me in detail the process to follow. Also in thane where i can approach consumer forum. If possible please suggest me appropriate person or lawyer whom i can meet and get our share certificate back. what will be the fee charged and other details.
Thank you,
T. Kalaiselvan, Advocate
(Expert) 29 March 2015
You have been advised properly about what is to be done, rest of the thing is to be taken care of by you only and dont expect spoon feeding.
tejas
(Querist) 30 March 2015
Dear expert,
Thanks for your advice. Thanks to internet I knew I have to approach consumer forum well before registering on this site. I only registered on this site with a thought to get detailed procedure which will be effective and to find appropriate lawyer with whom I can discuss the case in person and proceed further.
tejas
(Querist) 31 March 2015
Hello,
I am willing to file 2 cases. One against society for deficiency in service to get our original share certificates and other against builder for defamation.
I am looking for a lawyer who have expertise in fighting such cases.
Please drop me mail of your contact details on electele@gmail.com
Note: We stay in Thane
Thank you,
