Non Issuance of Letter of Allotment of Flat
DILIP SHAH
(Querist) 31 August 2009
This query is : Resolved
Dear Sir,
I have paid full purchase price of a flat to the Builder a month before. The construction has just started. Possession is said to be in Dec. 2010. The Builder has not yet given the Letter of Allotment of Flat nor any agreement is executed. Builder offers excuses on reminder. How to proceed against him?
Is there any provision in MOFA Act that if I have paid 20 % of the cost of flat, the Builder is supposed to execute the Agreement for Sale directly? In my case, I have paid full purchase price of a flat.
Your guidance shall go a long way as I am 65 years old and it seems that the Builder is not cooperating with me. I am staying in a rented house at present with a dream that one day I will have my own flat.
Sir, I await your reply,
Sincerely yours,
Dilip Shah
R.R. KRISHNAA
(Expert) 31 August 2009
You can issue a legal notice to the builder to execute the sale deed in your favour failing which you can approach the court for suit for specific performance. (This is the appropriate remedy).
You can consult a local lawyer and take his further advice.
All the best.
Bhumik Dave
(Expert) 31 August 2009
Sir. U can file suit in civil court under The Specific performance act or file complaint before District Consumer forem
A. A. JOSE
(Expert) 31 August 2009
You may issue a notice to the Builder and if there is no positive action then may initiate proceedings in the local consumer court.
Kiran Kumar
(Expert) 31 August 2009
i agree with my Ld. friends.
but for the time being send him a legal notice.
u must be having record of payments u ve made, d the reciepts he has issued...keep them safe and if necessary move to consumer court.
civil court remedy is also there as suggested by Krishna....but that can be surely advised only after seeing the actual documents...better consult some local lawyer and show him the copy of all the documents before taking any legal action.
