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Pushpa   13 August 2020

Seeking legal help - real estate

We are living in an apartment where we have two blocks named, A and B-Blocks with a total of around 120flats. 

 

Many of us(from A-block) have done registration of our flats by paying 100% amounts starting from August 2017 to December 2017 and occupied our respective flats without CC and OC. As per our sale and construction agreements, the builder is supposed to provide all amenities within 1 year of possession which he is bound to complete the project by end of Dec 2018 as per RERA. Project is still not complete till date and to our surprise builder didn't apply any extension in RERA. 

 

Builder verbally promised to provide basic necessities within no time, at the time of possession but the most basic things like permanent electricity and lift with power back were not provided(till end of May 2018) Many of us, lost a lot of household appliances due to lack of adequate power and intermediate power fluctuations, as we were all provided with a single connection which was taken for construction purposes.  During this period, starting from May 2017 till June 2018, builder gave us a lot many other troubles like not providing water, no proper security, etc.

 

After multiple follow-ups, builder provided us with permanent electricity connections, lift and power back up by end of May 2018. But, we are still not sure, how builder managed to get permissions from BESCOM without OC and CC. As we have finished registrations, we have asked builder to transfer BBMP Khathas to individual flat owners, but builder is somehow managing this also, and paying the property tax by himself by showing the premises as an empty land or under construction property, which is a loss to government. 

 

From July 2018, all the occupied flat owners decided to maintain few most basic necessities by ourselves, as our families are suffering because of builder's negligence about maintaining the premises. We started paying for tankers, diesel and some minimum cleaning activities, even though the water and power were used by workers for their personal and construction purposes. From July 2018 to Nov 2019, flat owners paid a total amount of 9,06,458/- including common electricity bill(where the maximum power usage was by builder's workers for his construction purposes, builder paid only 50%) to maintain the premises.

 

Frustrated by the delay and multiple false promises through face to face meetings and mails, to finish the complete premises, we have asked builder to provide a fresh end of project date on a legal document along with an agreement to pay all the apartment maintenance from Dec 2019 to June 2020 with a percentage of payback by flat owners, if the project is completed by June 2020. He provided the same on 24th Jan 2020, but builder has made only few payments because of multiple follow-ups by owners and was never prompt in his payments and flat owners had to shell out more than 2lakhs again till date. 

 

 

After multiple follow-ups with builder from 2017, B-Block people recently started occupying their flats, however they are not having lift, power backup and clean surroundings.

Even today, August 2020, the project has not been completed fully and is going on with very slow pace which creates mental agony to the residents.

 

Now, builder is verbally promising that he would complete the whole project by Nov 2020, he doesn't want to write the same on legal agreement paper with our penalty clauses in case of failure. We already waited with multiple dates of completion given by builder. So, we do not have any strong reason why builder would complete by end of Nov 2020 as well.

 

The builder kept on giving some false promises about providing amenities which are not yet started and don't know when we will get all things.

 

Having given the situation, I solicit your valuable advice on how to tackle the problem and get things resolved in stipulated period by forcing the builder to complete all the things as earlier as possible and seek for compensation from builder? And others legal criteria if you can suggest as well. How we can proceed further? Please help



 7 Replies

R.Ranganathan (Director)     14 August 2020

Approach RERA by giving complaint against the builder.

1 Like

Dr J C Vashista (Lawyer)     14 August 2020

File a case before RERA with relevant documents through a local prudent lawyer 

1 Like

G.L.N. Prasad (Retired employee.)     14 August 2020

Fortunately, the issue is not yours alone and belongs to a group of victims and you can engage a local advocate who is an expert and uncompromising in his attitude.  Unless you follow it as a group, it is very difficult to proceed alone by taking online guidance and some assumptions as your opponent is fully equipped with money, men, and power.  Do not take any personal risks, form a group and elect office bearers that can handle the issues in a better manner.

1 Like

KS Johal   14 August 2020

You need to approach as a group rather than via an individual person.
1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 August 2020

1. VERY LONG WINDING STORY ....

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

bhagwat patil (Property due diligence 9422773303)     18 August 2020

Where the property located. Appoint local lawyer for all apartment holder.

1 Like

Pushpa   18 August 2020

This property is in Bangalore sir...

May I know what are all the types of cases which we can file on this builder to get compensation?

Also, please let us know, whether we get any compensation from builders for not providing only amenities?

Also, let us know whether forming an association is good or bad at this point of time...

We have only 50 flats occupied out of 120 flats ....

 


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