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Nagendra*** (Manager)     02 December 2011

How to go about filing a case in consumer court

Hello,  I have sale agreement & construction agreements  of my flat @ Bangalore. I have paid in full & have all the receipts. Flat is under my posession.  Builder delaying to register the flat on my name. Its almost 3 years since I got posession of the flat.  Need help here.



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 5 Replies

Advocate M.Bhadra   02 December 2011

Since you are in poseession and you have sufficiet documents so don't worry about that,you can send a Legal Notice to the Builder calling him for early registration ,if  the Builder would not comply as per notice then you should file a case in District Consumer Forum for deficiency of service.You may seek another relief to file a suit for Specific Performance of Contract in Civil Court.

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Nagendra*** (Manager)     02 December 2011

Thanks for your quick  suggestion.

I did send him a letter thru courier asking him to register my appartment.  After so much of followup, he is saying that he needs to get NOC form HUDCO.  After Inquiring with HUDCO, I cam to know the builder has availed loan and repaid most of it. He still have to pay 1.70 crore. 

When I got in to agreement with the builder, there is no loan with HUDCO.  The loan was taken much after my agreement with the builder, hence the HUDCO clause is not mentioned in my documents.

Kanaksinh P.Boda (Educationist/Lawyer)     02 December 2011

It is a criminal case of cheating under CRPC 420 etc.

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Sudhir Kumar, Advocate (Advocate)     03 December 2011

Ask any rural farmer he wil be able to tell you "kabja saccha jhagra jhootha" You are possessor and police has a duty to protect you possession even if you are a tresspasser.  I believe you are not the only one. A person who is defaulter of Rs. 1.7 carore aloan may not be shattered by ocnsumer court case. Cheating case may help.  By the way please check from Tehsil office whether the land is at all registered in the name of builder or he got only a permission to use the land from the farmers /original dwellers? Most of the builders ar enot themselves registered owners of theland on which they build flats.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 December 2011

Dear Nagendra

dont waste your time, as soon as possible you should file a case in Specific performance and criminal case for cheating against Builder. dont delay in this.

feel free to call

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