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sachin (GM)     11 June 2016

Builder forcing to sell flat at low price

My flat was made by a builder who has not made it properly and due to which now after 15 Years the Building has developed a  gap between buildings due to which the building has become unsafe to live. The builder was living on the Second Floor and he has also made the additional  Third Floor that was not kept in mind when the initial two floors were made due to which due to the  excessive pressure the building has developed  a gap.  He also wants to demolish it and reconstruct the building from scratch and that is why he has created a scenario that we are not able to get a right price of our Flat.

Now Because of all this my parents living there are being harassed and i am not able to sell my Flat as i am not able to get the proper value of my flat. I am being forced to sell my Flat at a throwaway price and do not know what to do.  If i am selling my flat at Low value can i claim the Balance amount of Loss from the Builder who made such a building and made additional Floor that the building was not able to take load.

Will it be a matter of Consumer Forum or Civil Litigation and what should i do?

Kindly advice.

sachin

8802229962

 



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 3 Replies

Bhavik (Intern)     11 June 2016

This is only my opinion and not to be treated as advice.

In this matters since it is already twelve years have passed it is outside limitation. Otherwise you can approach the consumer Court saying that the Builders has constructed the third floor and in the approvals shown to you the building was of only two floors. You can also claim that the quality of construction is inferior to what was agreed with you. (Provided it is in writing in your agreement or as provided in the D. P. Rules or Commencement Certificate obtained by him)

I assume your flat is purchased under registered agreement. Moreover, you can explore criminal prosecution under negligence.

 

Check this link for more info

 

https://www.helplinelaw.com/real-estate-wills-probate-and-trust/RBRE/remedies-against-unfair-practices-of-builders-and-real-estate-developers.html

Kumar Doab (FIN)     11 June 2016

Hope you have the approved map, structure plan etc.

Probably the 3rd floor was not approved.

The limitation may be enlarged.

Record the meetings with builder (audio/visual/witnessed/minuted) and attempt to generate irrefutable evidence.

 

You may go thru;

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 NO. 16 OF 2016 [25th March, 2016.]

https://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf

 

Better engage an able counsel specialzing in consumer matters and build irrefutable written record.


Attached File : 60926 20160611131112 292972537 201616.pdf downloaded: 70 times

Kumar Doab (FIN)     11 June 2016

Repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=138281&offset=0

 

Why to repeat?

 

Continue in one thread.

 


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