Delay in possession
hithen
(Querist) 06 November 2015
This query is : Resolved
Respected Sir,
I am the resident of Ekveera Sadan,34-B Mugbhat Cross Lane, Girgaum,Mumbai 400 004.(CS no.290 Girgaum Division) have given our consent to M/s. K.Merchant Construction Pvt.Ltd. -Om Shree Niwas CHS, Bandu Gokhale Path, Girgaum,Mumbai 400004 for redevelopment of our building under MHADA regulation 33(7) in June 2009. The Developer has committed as well signed the agreement to complete the building and give us the possession within 24 months .The building plan of Ekveera Sadan has been approved by BMC is upto 19th floor in April 2010 . The residents of the building have vacated the building in 2009 and handed over to developer to commence the redevelopment work. Meanwhile the Developer has purchased the adjacent building (CS no 291) and has appproved plan from BMC with the amalgamation of both the buildings without our consent and knowledge. Even he is not ready to show us the new plan after many reminders. , the developer has not taken consent of the tenants of the building for making any changes in building plan or agreement. We have not given the permission to the Developer for such amalgamation of these plots.
The developer is trying to build the adjoining building very closed to our building (only 2meters away) where our windows are there, due to which the tenants of our building will be facing light, ventilation, environment problemAlso we understand that the developer has sold the salable FSI of the adjacent building in our building. The developer is neither completing the construction work of our building nor giving us possession even after 8 years.
The developer has given possession to 12 tenants and 4 purchase as he dont have OC certificte,clearance from fire bridge,and is not giving any commitment for OC ,rectification deed.
There is BMC Tax due from 2010 amouting approx Rs 35Lakhs which the developer has not paid,he illegally supplying BMC water to the 8 tenants and 2 Purchaser.
The developer has stop paying rent and he say that he has no money, our rent chq has bounce and now he say he dont have money to construct.
The developer has deliberetly given us less area and sold it to purchaser.
I am facing lot of problems because of this prolonging possession .
I am afraid that the developer wont pay rent, corpus fund and compensation against less area.
I need a legal person who will guide me.
Thanking you,
Yours faithfully,
Hithen Ghharat
9757072907
Nitish Banka
(Expert) 07 November 2015
Dear Sir
For cheque bounce go for NI 138 and for other delay approach consumer fora
Regards
Thanks & Regards,
Nitish Banka
9891549997
Rajendra K Goyal
(Expert) 07 November 2015
Be prepared for long and costly legal battle.
Lodge cheque bounce case against the builder.
Approach consumer forum for delayed possession and not paying rent.
Try to lodge FIR against the builder for alleged fraudulent and cheating acts.
Discuss with your lawyer in detail.
krishna mohan
(Expert) 09 November 2015
Well advised by experts. Nothing more to add.
