Property : Builder not completing apartment

Mr Srinivas !

Is there any agreement  for sale  beofre the Sale Deed . or you have purchased the Flat directly under the Regd Sale deed . if Sale  agreement was  thre who executed it,,,,  the Property owner  or Builder -- or both -?  

Who is the another Owner ( XXX) not through Builder /BBB ) details  be mentioned   for consideration adn opinion

Mr. YVRRao,

Thanks for asking me questions...

1. There was sale agreement b/w me and seller even here the document language sounds the flat is completed though it was not. This was done for obtaining home loan.

2. Sale agreement was executed by the seller alone not the builder as the titles were completely in seller's name. There is no problem with titles as such, it's clear, seller had purchased it few months back from the builder before selling it to me. Titles are clear.

3. Only thing is builder is giving lame excuses and is not willing to share financial details of all transactions w.r.t apartment building. Mostly builder has invested the money in some other project and is trying to get the things done through buyers. He also says nothing will happen if you go to court, it takes 10 years, I know some judges etc etc

4. I just want the amenities to be completed, my clients have vacated place and I have no rent.

Thanks,

Srinivas

YVRRao Sir,

Thanks for asking me questions...

1. There was sale agreement b/w me and seller even here the document language sounds the flat is completed though it was not. This was done for obtaining home loan.

2. Sale agreement was executed by the seller alone not the builder as the titles were completely in seller's name. There is no problem with titles as such, it's clear, seller had purchased it few months back from the builder before selling it to me. Titles are clear.

3. Only thing is builder is giving lame excuses and is not willing to share financial details of all transactions w.r.t apartment building. Mostly builder has invested the money in some other project and is trying to get the things done through buyers. He also says nothing will happen if you go to court, it takes 10 years, I know some judges etc etc

4. I just want the amenities to be completed, my clients have vacated place and I have no rent.

Thanks,

Srinivas

YVRRao Sir,

Thanks for asking me questions...

1. There was sale agreement b/w me and seller even here the document language sounds the flat is completed though it was not. This was done for obtaining home loan.

2. Sale agreement was executed by the seller alone not the builder as the titles were completely in seller's name. There is no problem with titles as such, it's clear, seller had purchased it few months back from the builder before selling it to me. Titles are clear.

3. Only thing is builder is giving lame excuses and is not willing to share financial details of all transactions w.r.t apartment building. Mostly builder has invested the money in some other project and is trying to get the things done through buyers. He also says nothing will happen if you go to court, it takes 10 years, I know some judges etc etc

4. I just want the amenities to be completed, my clients have vacated place and I have no rent.

Thanks,

Srinivas

 In Your Sale  Deed or  in the  Sale Deed of  Your Vendor  or in agrement/s , the amenties are mentioned  as completed ( though not completed ),  if it so mentioned  , The Builder has to provid the aminiites  at his cost . You can appraoch the Consumer Form - you can file the Consumer case againt  the builder

YVVRao Sir,

Builder is in agreement with landowner that he will provide all the amenities, the Joint Development agreement b/w the builder and landowner clearly says he has to complete the amenities within April2007.

I hope I can use the JDA as proof of builder's commitment to complete the amenities if I file a case in consumer court?

Thanks,

Srinivas

Yes Mr Srinivas You  are right ! , you can rely  on the terms in the Jiont Developmetn Agreement /JDA  to the show  that the Builder is under obligation to complet/to provide  the amenities  required to use the Apartments /Flats with out which the same can be enjoyed by the owners/ occupants of the Flats .

 

The best way is to approach consumber forum where you can file your case and can be adequately compensated.

type mistake in last line - 4/6/2009 2.46.42PM ;-

 Yes Mr Srinivas Your are right !  You can rely on the terms in the Joint Development Agreement / JDA to show that the Builder is under obligation to complete / to provide the amenities required to use the Apartments /Falts with ourt which the same can not be enjoyed by the owners /occupants of the flat.

Mr. YVVRao and Mr.Prabhat Kumar ,

  Thanks for clarifying my questions and your valuable suggestions.

Thanks again,

Srinivas

Mr. YVVRao and Mr.Prabhat Kumar ,

  Thanks for clarifying my questions and your valuable suggestions.

Thanks again,

Srinivas

Dear Mr. Srinivasan, It is better to file a suit in Civil Court or complaint in Consumer Court. When you file the suit please also file an application for appointment of Court Commissioner to inspect the site and make a report to the Court. This will be full proof evidence in your favour and it will help you to prove that so many amenities are not completed even though mentioned in the sale-deed. RASIK DAGLI Advocate

Dear Mr. Srinivasan, It is better to file a suit in Civil Court or complaint in Consumer Court. When you file the suit please also file an application for appointment of Court Commissioner to inspect the site and make a report to the Court. This will be full proof evidence in your favour and it will help you to prove that so many amenities are not completed even though mentioned in the sale-deed.

RASIK DAGLI

Advocate