Possession delayed by 5 years and builder deny to pay any co
Ankit
(Querist) 12 November 2012
This query is : Resolved
I had booked a flat with nitishree shourya greens (p) ltd in jalandhar in dec 2006. Co. issue me a allotment letter in jan 2007 and commited to give possession in dec 2008. However co. never provide me any document stating such commitment. But the co. havnt yet give me possession till date. When I asked for penalty for late possession they deny their liabilty from such liability. They said that I havnt yet enter into any agreement with the co. In the allotment letter it was written that I was requiref to enter into angreement with co when I was called to do so. Co. never called me till date to enter into such agreement . However in 2009 they told me oraly that they will pay me a penalty for late possession @ Rs. 5 per sqft from jan2009 to date of possession. Now co. deny from such liability. I paid all the installment that they demanded from me till today. There is still no sign of giving possession in coming days. I dont know what to do now... Anybody plz help me... Its urgent.... Thanx
ajay sethi
(Expert) 12 November 2012
contact a local lawyer . issue legal notice to builder . move consumer forum against the builder and ask for posession as per allotment letter . also compensation for deficency in service . it is builder duty to enter into agreement . if he fails to do so he cant wash his hands of his liability .
Devajyoti Barman
(Expert) 12 November 2012
Without seeing the allotment letter it is difficult to advise.
Generally allotment letter means a letter of intent only which becomes enforceable only if a formal agreement for sale is executed which is missing in your case.
Ankit
(Querist) 12 November 2012
@devajyoti ji thanx for reply. sir there is nothing in allotment letter regarding possession and all. The co. never told me about any aggrement. They always told me that this allotment letter is legally valid proof for your booking.
Devajyoti Barman
(Expert) 12 November 2012
Check if there is any time limit for making further payment for sale agreement.
If it has lapsed then it is your fault.
Ankit
(Querist) 13 November 2012
@devajyoti ji !sorry sir I didnt get you! time limit for what. ? My payments for flat is construction linked. All floors are built up and almost 85% payment is already paid by me
Santosh Goswami,Advocate
(Expert) 13 November 2012
If you file a complaint in consumer forum, you will get the interest on the deposited amount till the possession is given. You will also get compensation for mental harassment.
919555462995
Ankit
(Querist) 13 November 2012
What is the procedure to file a case in consumer forum? How much time will it take to get decision of forum? How much it cost to me? Shall the proceedings require my personal attandence also?how much relief will I get?
Devajyoti Barman
(Expert) 13 November 2012
The time limit of case before the consumer forum is around one year.
You need not be physically present.
Get in touch with an advocate.
ajay sethi
(Expert) 13 November 2012
even if builder has not executed agreement for sale builder is bound to allot you flat as per the allotment letter .time limit for dsposal of case depends upon pendency of cases in consumer forum . personal attendance not required . costwould depend upon how many hearings take place in case .
V R SHROFF
(Expert) 13 November 2012
First execute Agreement with co.
ajay sethi
(Expert) 13 November 2012
Builder told to pay flat buyer Rs 60,000 compensation
Rebecca Samervel, TNN May 2, 2012, 02.55AM IST
:
State Consumer Disputes Redressal Commission|
M/S A & A Shelters Pvt Ltd
MUMBAI: The State Consumer Disputes Redressal Commission recently ordered a builder to hand over a flat and pay compensation of Rs 60,000 to a buyer who paid 20% of the price in 2009 but never got possession.
Taking the builder, M/S A & A Shelters Pvt Ltd, to task for not appearing before it, the commission said it seemed that the developer did not care for the law of the land. It directed the builder to pay the buyer, Mangilal Parihar, Rs 50,000 as compensation towards mental agony and Rs 10,000 as costs.
In a complaint filed before the panel on August 8, 2011, Parihar said he booked a flat measuring 1,305 sq ft in the builder's project on Veera Desai Road, Andheri (W). It was a 3BHK flat on the ninth floor of the building, Azad Nagar Gem Cooperative Housing Society Ltd.
In September 2009, Parihar paid Rs 4 lakh of the total agreed amount of Rs 20 lakh and the balance was to be paid at the time of handing over the flat's possession in December 2010. The builder gave Parihar a receipt for the payment as well as an allotment letter with respect to the flat.
A sale agreement was executed between the builder and the buyer in October 2009 and the builder also collected Rs 2 lakh towards stamp duty and registration charges. Parihar alleged that despite repeated requests, the developer failed to register the agreement and did not hand over possession at
the agreed time.
The builder also did not respond to the legal notice that Parihar issued in April 2011. Parihar then filed a complaint before the panel. While seeking possession of the flat, he prayed that the builder be restrained from creating third-party interest in the flat.
The commission then sent a notice to the builder. However, due to non-appearance by the latter, an order was passed in the builder's absence. The panel took into consideration key documents, including the allotment letter, agreement copy and receipt of payments made by Parihar.
Reprimanding the builder for not giving possession of the flat, the commission held the former guilty of deficiency in service and unfair trade practice. "The complainant has established and proved his case beyond doubt," the panel observed. The builder has to give possession of the Andheri
flat within two months of receiving the remaining amount of Rs 16 lakh.
Ankit
(Querist) 13 November 2012
Plz also tell me in which state I should file the case as the head office of builder is in delhi and the site of the project is in jalandhar punjab.. And also tell me the time limit of one year is counted from which date?
ajay sethi
(Expert) 13 November 2012
you cna file it in jalaqndhar or in delhi . since flat was booked in jalandhar and head office of builder is in delhi and allotment letter was issued from delhi you cna file it in jalandar or in delhi .
it is a continuing offence . builder has till date not given posession nor executed agreement . move consumer forum as soon as possible
