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Daulat khatale (Admin Asst)     03 May 2012

Builder is not giving possession and stopped construction

  I have booked a flat in Oct 2009, where builder has launched scheme in July 2008 in Pune. I have paid Rs. 4.41 lakhs by cheque and had agreement with builder in Feb 2011. In between builder shifted me from 1.5 BHK to 1 BHK as there was dispute between builder and PWD department to sanction that particular wing. It is a scheme of around 150 to 170 flats. Builder has not mentioned completion date on my agreement but he had mentioned the date on some of the clients in our building. After agreement I paid Rs. 12 lakhs to builder through bank (home loan), so other clients also did the same. He then did completed the structure of the wing which was in dispute with PWD and stopped doing any further work since then. Now it's a time of 01 year, there is no work has been done. On several meetings with builder by most of the clients, he always says that I have spent all the money and I don't have the fund to complete the work. Everyone has almost paid 80 % of the flat cost to him. He had also promised so many amenities to us but not even able to complete the building work. 

                   What can be done in this case.? Some of the clients have already approched consumer court. Within what time I should approach consumer court to file a case against him. I am paying home loan EMI and I am not getting HRA from employer as I am staying in govt accommodation, so there is big financial problem for me. 

                   What builder could do in this case? what if he dosen't complete the work and what  would happen with all flat owners. If consumer court gives fair judgement to flat owners, whether builder would complete the project and pay interest to flat owners, till his completion of work?

         Please guide me.



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 2 Replies

Daulat khatale (Admin Asst)     03 May 2012

Also there is most important doubt that if builder is delaying or not completing the construction, what about my paying of EMIs to the bank? How can I tell the bank to stop taking EMIs or is there any other solution that I would not pay bank till I get the flat?

Alkesh Agrawal (Advocate)     07 May 2012

Sir,

First, If the builder has failed to complete what he promised you have definately a right to approach the consumer court and file a case against him. But, in case you want a immediate relief and want to force builder to pay back your money etc. The best way i feel is if you file a criminal case against him for fraud. Criminal proceedings are far more effective in certain cases. 

 

 
As far as the bank loan is concerned, the EMI is for the loan you had taken from the bank. The house or the property is only a security for the bank but is in no way connected to the construction of your house etc. Therefore, the bank has a right to charge you EMI. Whatever action you have lies against the builder. Though, more actions and claims can be thought of after having a look at all the documents relating to the property and what things can become of importance in proceeding for a case against the builder.
 
I understand that you would not be willing to disclose a lot of details on a public forum and you should not. I suggest if you could email me and we can disscuss the issue in detail. 
 
Alkesh Agrawal 
alkesh.ils@gmail.com
09099040835
 

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