Nadarajan (Others) 06 March 2011

Problem with Builder (Ethicless)

Hi,

I am based at Chennai. I have a problem regarding builder. Details are given below.

I booked a flat in 2001 with Builder X and paid full amount. Got the undivided share registered on my my name. Builder X had liquidity problems and made us sign a tri-party agreement with Builder Y (a ethicless crook). Builder Y took the full accountability to complete the project and handover the flat to us by Feb. 28, 2005. Builder Y charged some escalation amount to complete the project. I made all payments as per the agreement. Builder Y delayed delayed and finally got all the approvals recently.

Builder Y handedover the keys of my flat with a formal handingover letter (without service connections). Though a formal handingover letter was given, he has not provided the electric / water connection till date. I am not residing in the flat as there is no service connections. The building is still under his control. He is demanding more money from me. He is a ethicless crook who is not bothered about any thing. He has political / money & muscle power. He is 1000% un-trustworthy. I am helpless. I do not know what to do. I am having only the keys of flat and piece of paper (handingover letter). But physically we are not staying in the flat because the building is under his control.

I am helpless... Kindly advice me what to do. Some times, I feel like ending my life because of the mental torture.

Kindly advice whether we can get an interim order from consumer court so that we can stay there as already we have the keys of flat with handingover letter.

I need a Mature & Solid advice of future course of action.

Nadaraj

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3 Replies

Prakash Yedhula (Lawyer) 07 March 2011

Certainly you can appraoch the consumer court seeking compensation for mental agony and directions to compete the unfinished works. But consumer courts do not have the powers to issue any such interim directions and as such the direction to complete the work can be obtained only by way of a final order which may take a reasonable time. If you want to occupy the flat immediately, then at the best, you can complete the work left by the builder and seek reimbursement from the builder.

If the builder doesn't allow you to enter, you can certainly obtain restraint orders from a competent civil court restraining him from interfering in your possession and enjoyment of the flat. The other flat owners who are silimarly cheated can be joined for a collective action. Such a restraint order can be obtained by way of interim orders.