Mahabub (IT PROFESSIONAL ) 30 May 2012

Interim order of consumer court

We booked 3 flats at G+3 building . As of now builder has not completed the building & could not handed over the flat on time . Jointly We (three

associate) logged complain against the builder & landowner (as landowner is a confirming party in sale agreement ) at State Commission (State Consumer

Disputes Redressal Commission) .

The state comission has given " interim order " on those flats . The court order is given below

" Having regard to the agreement between the parties as above we are of the view that for the interest of justice the OPs be restrained from disposing the

flat in question to others pending hearing of the complaint case. The petition for interim order is thus disposed of " .

1. Can builder / land owner use those flat for his own use ins pite of interm order of court & case is runing on court .
2. Can builder give those flat to third party on rent / paying guest ins pite of interm order of court & case is running on court .

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1 Replies

Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi) 02 June 2012

You position is of a purchaser of a flat which is not compled and delivered in time, that means the physical possession of the flat still lies with the builder wherein you as a purchaser has a vested right over the purchase property in the light of the contract entered with the Builder to the effect.

as per the interim order, OPs which is the Builder and the land owner are restricted from disposing the flat in question to others, that means they can not create any third party right. So far as the tenency is concerned, in the light of the purchasers vested right/ interest over the purchase property qua the agreement, you can restrict the OP's from the enjoyment of the premisis by obtaining appropriate directions to the effect from the Froum.

Hope this helps.