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Vijay Kumar   03 September 2021

Ivc telcom city (employees cooperative society)

Hi All As I have booked a site of 40*60 in IVC Telcom city housing cooperative society near thindlu cross Devanahalli Bangalore on 2015 in an installment basis every six months we paid amount of 4, 80,000/- total amount paid Rs 14, 40,000/- till now, they told us that they will hand over the layout within three years but till date no development has been made even they are not showing us the legal property papers about their progress kindly help me will I get the refund amount paid to IVC Telcom city housing cooperative society, please let me know how to procees ahead.


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 3 Replies

Ananya Gosain   03 September 2021

If your problem is not being solved through discussion, you must raise it to appropriate authorities, like deputy registrar for cooperatives, consumer or cooperative court, municipal corporation. You have the following options- A) Approach Consumer Court for deficiency of service; B) Approach the criminal court for cheating, criminal breach of trust, mischief, violations of the provisions of Karnataka Apartment Ownership Act, 1972 C) Lodge complaint with Urban land ceiling department as undertakings are given that conveyance will be executed within a stipulated period of time at the time of release of the plot from ULC. E) Approach Registrar’s office, the Registrar will send a show cause notice to Chairman and Secretary of your society. RELATED CASE LAW- In A petition, D.Sujatha of Selaiyur, submitted that she deposited Rs.2 lakh as fixed deposit with Sembakkam Co-operative Housing Society Limited, The society refused to repay the FD and balance of unpaid amount of interest due for the period from January 2018 till the date of maturity. In the petition, she sought direction to the society to pay a compensation along with refund of the FD. The bench said the society committed deficiency in service and the Society is the party liable to refund FD amount of Rs 2 lakh and pay a compensation of Rs 25,000. You may check out these imilar queries- https://www.lawyersclubindia.com/experts/how-to-file-complaint-against-co-op-hsg-society-694936.asp https://www.lawyersclubindia.com/experts/can-pvt-file-a-complaint-against-a-cooperative-society--439241.asp Hope this helps Regards

Ashwitaa   05 September 2021

1. As per your query you have the following options: a) You can take help of Consumer forum b) Take help of RERA Authority. 2. You can refer the case of DLF Home Developers Ltd vs Capital Greens Flat Buyers Association wherein the Supreme Court held that even though exit option is given to flat buyers they would still be entitled to compensation for delay in handing possession of flats. Further, in the case of, Wg. Cdr Arifur Rahman and Aleya Sultana and Ors vs DLF Southern Homes Pvt Ltd. The Supreme Court had ordered penalty at the interest of 6% per annum on the cost of the flats to those buyers who were handed possession after a delay of two to four years. Also, an additional penalty of rupees 5 per square foot per month was also imposed. Both these judgements were passed after reversing the judgements of Consumer forums. 3. As per RERA, in case any payment is pending on your side, you can stop payment to the builder without the fear of attracting any penalty. 4. RERA allows the buyer to terminate the agreement in case of delay in giving possession. 5. In case of termination the builder will have to refund the money within 45 days and in case you do not wish for refund then interest can also be paid by the builder to the buyer. 6. Apart from the above, you may also approach National Company law Tribunal for Insolvency and Bankruptcy proceedings to be initiated against the company (which means you can apply for the company to be dissolved). The chances of receiving a good amount are high. However, it may take up to a year and it must be registered company. This remedy is useful in case of fraud or misrepresentation on the part of the builder. 7. You can also take help of criminal courts if builder is found guilty of cheating and dishonesty inducing delivery of property u/s 420 or criminal breach of trust u/s 405 of Indian Penal Code he can attract compensation as well as be liable for imprisonment. 8. Besides you can claim damages in the for the purpose of rent paid, mental agony caused, amount paid as a result of loan if any. Hope this answered your query.

Ashwitaa Shetty (.)     08 October 2021

1. As per your query you have the following options:

a) You can take help of Consumer forum

b) Take help of RERA Authority.

2. You can refer the case of DLF Home Developers Ltd vs Capital Greens Flat Buyers Association wherein the Supreme Court held that even though exit option is given to flat buyers they would still be entitled to compensation for delay in handing possession of flats. Further, in the case of, Wg. Cdr Arifur Rahman and Aleya Sultana and Ors vs DLF Southern Homes Pvt Ltd. The Supreme Court had ordered penalty at the interest of 6% per annum on the cost of the flats to those buyers who were handed possession after a delay of two to four years. Also, an additional penalty of rupees 5 per square foot per month was also imposed. Both these judgements were passed after reversing the judgements of Consumer forums.

3. As per RERA, in case any payment is pending on your side, you can stop payment to the builder without the fear of attracting any penalty.

4. RERA allows the buyer to terminate the agreement in case of delay in giving possession.

5. In case of termination the builder will have to refund the money within 45 days and in case you do not wish for refund then interest can also be paid by the builder to the buyer.

6. Apart from the above, you may also approach National Company law Tribunal for Insolvency and Bankruptcy proceedings to be initiated against the company (which means you can apply for the company to be dissolved). The chances of receiving a good amount are high. However, it may take up to a year and it must be registered company. This remedy is useful in case of fraud or misrepresentation on the part of the builder.

7. You can also take help of criminal courts if builder is found guilty of cheating and dishonesty inducing delivery of property u/s 420 or criminal breach of trust u/s 405 of Indian Penal Code he can attract compensation as well as be liable for imprisonment.

8. Besides you can claim damages in the for the purpose of rent paid, mental agony caused, amount paid as a result of loan if any. Hope this answered your query.
Regards,

Ashwitaa Shetty
 


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