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elbee barboza (HR Executive)     23 January 2013

Delay in possession of flat

 

I had purchased an investor flat in Mumbai  in the year 2004. The said project was then incomplete and was supposed to be completed in April 2004 per the written agreement with the builder.

This project is still incomplete as of 21 January 2013. The builder has given possession of the flats under the pretext of a furniture making license and stating that we were occupying the flats at our own risk.

 

He has since then made us pay property tax for the flats ( which was credited against his name with the BMC as we still do not have an OC) and is now also claiming maintenance charges which he claims is at a reasonable rate.

 

What legal recourse do I have against this builder and does the MOFA act apply here.



Learning

 7 Replies

Bharatkumar (ADVOCATE )     23 January 2013

YES, AS PER YOUR DOCUMENTS (BETWEEN BUILDER AND U) U FILE A SUIT FOR LATE POSSESSION AND CHARGE FOR THAT.  

elbee barboza (HR Executive)     23 January 2013

Good day Mr. Bharat, 

The agreement with the builder was between the investor and the builder. I have an agreemnet with the Investor I purchased the flat from which entitles me to the investor rights with the builder. Will that make a difference?


(Guest)

@Querist,

 

1.Make a complaint in consumer court.Make the investor the party in such suit.

 

2.MOFA won't work.

 

Visit this link

 

https://www.indianexpress.com/news/mofa-repealed-regulatory-body-on-cards/893814

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards

elbee barboza (HR Executive)     25 January 2013

 

Thankyou all,

 

I however have more urgent issues besides the conveyance

1) Is the builder entitled to charge us maintenance charges until he hands over the building( conveyance). the agreement entitled him to a years maintenance, can he legally charge us after that period?He has been claiming dues for the additional 8 years that he has provided us basic facilities even though he has defaulted on his commitment of in-time completion.We already paying property tax for our flat and the bills for the tax as well as the receipts are in the builders name even now.The BMC does not recognize us as individual flat owners as the building does not have an OC.

 

2) Can I carry out alterations in my flat. I have waited for 9 years to carry out renovation work . the building even now has no OC but many flat owners have carried out renovation in their respective flats. I am facing leakage issues in my flat. I need to rectify these and intend to use the opportunity to carry out a few changes in the flat. Kindly advise.

More importantly can the builder get a stay order against any renovation work?


(Guest)

@Querist,

 

1.Check the terms and conditions which you agree upon when signing agreements with builder.

 

2. Check your Municipal corporation rules regarding modification.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Adv Akhtar Ali Sheikh (Property Law Consultant)     25 January 2013

Dear investor purchaser,

when you purchased the flat did you register the agreement with the investor. 

if  not you have to make a tri party agreement with the investor as confirming party and you as purchaser. 

If the agreement is registered with the investor and then builder then you have to register the agreement with the investor and not the builder.

In your case according to me your title is more serious matter that the bmc tax maintenance charges and the conveyance. 

elbee barboza (HR Executive)     27 January 2013

Dear Mr. Sheikh,

My agreement with the investor was registered at the time of the sale deed.

I am still confused as to what is your suggestion?.


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