Need help of a property lawyer
VIJAY KUMAR RANA
(Querist) 15 June 2010
This query is : Resolved
I had booked a flat with Purvankara projects ltd, so called reputed builders of bangalore in 2007.
I was promised possession of the flat by May 2010. it was a false promise. The builder keep on changing date of possession very 6-9 mths to a new date for lame excuses.
At project site also the progress is low and slow. As per sale & construction agreement I am suppose to make payment of monthly installment without taking any consideration of progress of flat on site. In event to fail to make payment on time the builder will charge 24% p.a penal charge as per agreement.
Now I am in fix as the delay in possession of my flat have left me high and dry. I am paying Home loan interest @ 11% p.a and house rent of 15000 p.m. for no mistake of mine.
i need to know what legal options do I have to ensure that the builder complete the project on a new amicably agreed date of posssestion otherwise pay compensation higher then one mentioned in the agreement.
we are a group of 100 such owners who are looking for service of a reputed property lawyer firm to take up this case with builder on our behalf.
please suggest a solution to us at the earliest.
Regards
Vijay Rana
9900577882
Akhilesh Kumar
(Expert) 15 June 2010
Dear sir firstly see your application form for the booking what is mentioned there in this regard secondly if it is delay by negligence on the builders part then you have remedy in the consumer court.
Akhilesh Kumar
(Expert) 15 June 2010
You can file petition in the consumer court for the delay in possesion and a reasonable time has been lapsed after agreed time of possession.
But if it is already mentioned in the agreement that delay can be happened due to some unavoidale situation then builder is safe.
VIJAY KUMAR RANA
(Querist) 15 June 2010
Hi Akhilesh,
Thanks for your quick reply.
The constuction & sale agreement is totally one sided in favor of the builder.
Does this means he can do whatever he wants?
An unprecedented delay in possession of over 2 yrs now by builder after taking 90% cost of the flat is unbearable for the consumer.
There has to be some legal help in court of law available for gullible consumers in front of Sea sharks like builders.
Can you recommend to seasoned property lawyer for legal opinion?
Guest
(Expert) 15 June 2010
It is suggested to send a legal notice through local lawyer.
Prior to that, since you have said that there are 100 persons affected by the builder's delay, try to form an association which shall be easier (already you have spent large amount, why not spend some more in forming the association?) to handle the issues properly.
