Registered flat not handing over by builders
Rama Kanth
(Querist) 07 May 2012
This query is : Resolved
Hi All,
Brief Background of the case:
I had purchased a flat in Andhra Pradesh in 2006 by taking a loan from HDFC Ltd.
Builder has not completed the flat till date due to his financial problems.
The Flat was Registered on my Name and Bank Loan Amount was Fully Disbursed by the Bank as per my request when builder has demanded me.
Recently Some of the other flat owners had formed as a group and handed over the left over construction to a third party builder after negotiating with the original builder as the construction was not fully completed. Is was not communicated before they are handing over the left over works to the third party builder. Now when i approached the flat owners i know they suggest me to meet the 3rd Party builder only.
Now third party builder is demanding to pay me extra 6+ lacs to complete my flat and hand over the flat to me. I was surprised to hear and denied to pay extra amount demanding my the third party builder. As i had already paid entire amount to the original builder and got my Flat Registered on my Name so i denied paying extra amount what third party builder demanded.
Currently Third Party builder has started completing the pending works in the apartments except my flat as i denied to pay the demanded amount.
Issue:
Offlate i came to know that the original builder is proviking the third party builder from background to demand me for extra amount as he knows i dont have any kind of power.
I don't know where the Original Builder Resides and he is not responding to my telephone calls. I have only option to call on his mobile other than that i dont know the whereabouts on the original builder.
As the Third Party Builder is financially powerfull and he has muscle power as well further I am not localite to the place where the flat is located so the 3rd party builder is threatning me like if i dont pay the extra amount they demanded they will not complete my flat and they will not handover nor allow me to enter into my flat if the amount is not paid.
As i am not financially good nor i know some officials people,i am confused what to do and i also fear to go the flat.
i have been paying regular EMI's the bank who gave me home loan till date without fail.
Kindly suggest whether i can take charge of the flat without any completion letter from the builder?
Whether HDFC Bank has the powers to release full amount without completion of the flat?
I am sure because of their muscle and financial powers they will buy local Police and also they will manage lawyers if i lodge court case.
I am clueless and feels of unconfortable because of the original builder in offline and 3rd party builder in face to face harassements.
Hope you all can understand my agony and fear and Your support is required to me now.
The flat is located around 300 KMS to my work place .so i cant visit immediately.
Thanks
Rama Kanth
ajay sethi
(Expert) 07 May 2012
if you are in position pay rs 6 lakhs and get your flat completed .
then you move the consumer forum for deficiency in service against old builder . claim compensation and recover 6 lakhs paid to other builder with interest
Deepak Nair
(Expert) 07 May 2012
Send a notice through your advocate. And if they fail to comply with the notice, then file a consumer complaint as advised by mr.sethi
Rama Kanth
(Querist) 07 May 2012
Thanks for your speedy replies. I am not in a position to pay the extra amount.
Can i lodge the complaint in consumer forum in my location which is about 300 KMS from the location of the flat
ajay sethi
(Expert) 07 May 2012
contact local lawyer and file complaint before consumer forum .
R.K Nanda
(Expert) 07 May 2012
I agree with experts.
Shonee Kapoor
(Expert) 08 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 08 May 2012
File comp cons forum hvg Jurisdiction.
