Builder nuisance in transfer

Nikhil Sikka (Querist) 19 January 2016 This query is : Resolved
Dear all,

I have obtained a certified copy of my first motion of divorce from delhi high court. It's mentioned in the first motion that the other co-applicant i.e. petitioner 2 dues towards the flat booked had been cleared by draft payment and if required the petitioner 2 will issue a NOC for release of the ownership of the abovesaid flat which was alloted to us earlier but not registered yet.. after giving the copy of both NOC and certified court order copy. Builder is NOT helping and NOT giving NOC and creating nuisance is transfer process. At present the bank is the actual owner as the property is mortgaged with him.. the transfer process with bank is longer, but bank has requested from me to provide a builder NOC first... how to tackle this builder and ask him to issue a NOC.

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H.M.Patnaik (Expert) 19 January 2016
You can issue a pleaders notice to the builder attaching all relevant documents for effecting transfer of property and seek NOC for the same. If , the Builder fails to respond within the given dateline , you can take shelter of law for redressal of your grievance.

Rajendra K Goyal (Expert) 20 January 2016
Send registered letter followed by legal notice and if no action move to consumer forum.

Nikhil Sikka (Querist) 21 January 2016
Thanks. This Builder is denying the first motion court order, where as a NOC is also attached as per notification. Can this be treated as contempt to court judgement and builder can be arrested or can a FIR can help in this matter.