Flat owner not registering the flat
Advocate Ravinder
(Querist) 21 September 2013
This query is : Resolved
One of my friend has purchased a flat worth 10 lakhs and entered into agreement. He paid 2 lakhs as advance on 7.5.2013 and agreed to pay the balance after one month at the time of registration and taking delivery of possession. After one month when my friend insisted for registration, the Builder is not coming forward to register the flat and not giving delivery of possession. He demanding sale price of 14 lakhs instead of agreed 10 lakhs.
Now I would like to know about the limitation aspect, what is the time limit for giving legal notice and what is time limit for filing consumer case (whether to be calculated from the date of giving legal notice or from the date of cause of action). What is date of cause of action in the above case. I request clarification from the experts.
Sudhir Kumar, Advocate
(Expert) 21 September 2013
if the agreement is registered the buyer can file for specific performance.
Raj Kumar Makkad
(Expert) 21 September 2013
Even if the agreement is not registered, you can file suit for specific performance.
Rajendra K Goyal
(Expert) 21 September 2013
If there was agreement, suit for specific performance can be filed.
ajay sethi
(Expert) 21 September 2013
move consumer forum against the builder . do you have any document signed by builder mentioning that total price of flat is only Rs 10 lakhs . issue legal notice and move consumer forum to dirrct builder to register agreement and handover posession of flat . offer to pay the balance amount immediatedly on recipt of confirmation from builder
Advocate Ravinder
(Querist) 21 September 2013
Thanks for your advice in respect of filing consumer case.
My second aspect is that I would like to know about the limitation aspect, what is the time limit for giving legal notice and what is time limit for filing consumer case (whether to be calculated from the date of giving legal notice or from the date of cause of action). What is date of cause of action in the above case.
Raj Kumar Makkad
(Expert) 21 September 2013
Consumer complaint can be filed within 2 years of accrual of cause of action and legal notice, if you deem fit, should be served prior to the filing of the complaint. The agreed date of registration of sale-deed is the date of accrual of cause of action in the given case.
Advocate Ravinder
(Querist) 22 September 2013
Thanks for all experts especially Makkad sir. My doubts have been clarified.
V R SHROFF
(Expert) 22 September 2013
cause of action start the day, he refused to register the deed.
consumer forum, as well as specific performance in civil court are two best alternatives.
Issue notice to know his defences, 14L/ 10L thereafter decide the Legal action within few months, You hv plenty of time.
Get STAY ORDER NOT TO SELL YOUR FLAT TO ANY THIRD PARTY.
Dr J C Vashista
(Expert) 26 September 2013
Very well advised by experts, I agree.
You have both the options to file for specific performance and/or consumer complaint.
Limitation for consumer complaint is 2 years from cause of action and 3 years in specific performance.
