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Suraj   11 June 2016

Flate booked in 2010, no possession yet

Hi All,

1. I had booked a flat in Himland in May-2010 and paid 3 instalments of total Rs7.25 lacs to the above mentioned company through cheque. I was also told at the time of booking by the directors of the company that housing project to build by company will be bankable and loan will be available in 3 months from the time of booking and that has not happened till date. I have Buyer Seller agreement and payment reciept for the same. 

2. Directors of Himland has also taken 18 lacs rupees from me on 1st Dec-2012 via RTGS with false promises of making me a partner in the project and later changed the stand to offer me two flats at good discounted rate after my pressure on making the partner and your internal differences on making me partner. Later Directors again changed the stand on my pressure of providing me buyer-seller agreement to return my money with an interest of 18% as builders charge to buyer. No legal agreement and all discussion is verbal on this regard but money is standing in their accounts as borrowing.

3. I also discovered Company did not obtain the proper licenses and clearances from authorities for the project and started the construction without license. they just submitted the license file and yet to get the same.

what should be my steps to recover money and get the posession of flate? Should I got to state consumer court?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 June 2016

You can send a legal notice to the builder, if terms & conditions not fulfilled as per buyer -seller agreement. You can approach consumers forum for justice.The Real Estate (Regulation and Development) Bill, 2013, passed by Lok Sabha five days after it cleared the Upper House, will make it difficult for promoters and builders to delay projects.

advocatepassy@gmail.com 971794 (Advocate)     12 June 2016

This company seems to be a fraud company.  Your best bet is to approach consumer court of appropriate jurisdiction and ask for refund of your money with 18% interest.  Also file a FIR against its directors 


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