Caveat
P Mitra
(Querist) 10 April 2018
This query is : Resolved
My family member has handed over a land to the developer at kolkata for construction g+3 storied Building in 2014. As per agreement developer agreed to hand over the flat within 24 months from the date of receipt of sanctioned plan. In the meantime we have demanded for sanctioned plan from our Promoter but they denied to give any paper as well as Flat for owners allocation. In the mean time we sent a letter to the developer for immediate hand over the paper for scrutinize the same as any violation made against agreement or not. Our expectation it has already 2 years late. However we have received a Caveat petition from the promoter by register with a/d and another a speed post with ad. Even though we have not filed any court case. Please suggest is it possible to get any compensation for delayed handover of the flat and need to send any reply against which Caveat petition received from promoter end.
P. Venu
(Expert) 10 April 2018
Caveat Petition - In which Court it has been filed.
Ms.Usha Kapoor
(Expert) 11 April 2018
Caveat petition has been filed in which court?
Guest
(Expert) 11 April 2018
Ms. Usha Kapoor simply copied the question of Mr. P. Venu without serving any specific purpose.
P Mitra
(Querist) 11 April 2018
We have received 2 nos Caveat petition u/s section 148A from our Developer. First one is received on 7.4.2018 which is shown Court of Civil Judge at Sealdah, Kolkata, West Bengal and 2nd one is received on 10.4.2018 is showing Court of Civil Judge at Barasat, Kolkata, West Bengal, 24 parganas North. I am confused about this 2 Caveat Petition. As I have informed from others that our official Jurisdiction is Barasat, West Benga, Nort 24 parganas
Guest
(Expert) 11 April 2018
So, the developer has plugged the routes of any action by the court without notice being given to him, if you file any petition in any of the two courts. The intention of the developer seems to linger on the issues with you.
P Mitra
(Querist) 11 April 2018
Sir, Please be noted in that particular cases land owner has expired in Jan 2018 after his death problem has been started when legal heirs demanded the owners allocation and necessary papers at earliest. But promoter has demanded for Power of attorney from legal heirs first then others. The proposed Flat completed about to 90 % and Developer has taken advance from 4 nos purchaser for handed over the Flat within 15 th april. In that situation will they interest to linger this case ?
Guest
(Expert) 11 April 2018
Any specific advice depends upon detailed examination of the agreement entered in to by the land owner with the developer. Apparently, in the event of death of the land owner, the case has complexity of the case vis a vis the claims of the legal heirs as well as the promoter demand of POA has to be examined in detail as per the law of the land.
P. Venu
(Expert) 11 April 2018
Filing of a caveat does not prevent you from pursuing seeking appropriate legal remedies; it is only that any relief, such as stay, would not be granted no ex-parte. However, the facts as stated does not suggest any cause of action for claiming damages or compensation.
P Mitra
(Querist) 11 April 2018
P.Venu Sir, As per the agreement developer agreed to handover the flat withing 24 months from the date of sanctioned of Building Plan. After several request they are not giving the Building sanctioned Plan copy to us. But as per information we have confirmed that Building plan sanctioned by respective authority in Nov 2014. In that source it is expected to delay about to 1.5 year. So our claim for delayed hand over of the flat.
P. Venu
(Expert) 11 April 2018
What is your real grievance - that they are handing over the flat as promised or that they are not providing the 'sanctioned plan copy'? It appears that there are deeper issues, but you have posted only selected superficial aspects.
