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Bhalchandra R (DYM)     18 February 2020

Work not completed and possession not give till date of flat

Respected Sir/Madam,

We have booked a flat in Raigad dist, maharashtra . As per registered sale deed the completion and possession date was Dec 2013. However till date it is not given. Internal work of our flat, water supply tank & electricity meter not done, outside drainage system is incomplete. This building is not registered under Maharera. Builder is saying that he got a certificate from Grampanchayat for completion hence rera registration is not required.

We are following with him for last 3 to 4 years via emails, letters with Registered AD, phone calls, messages etc. He is giving reason that he does not have funds and the market is down. He says that he will do the work once he gets funds from banks. He has also offered to complete internal work and outside drainage work at our cost (reimbursable basis) and he will give possession. 

Kindly advice what course of legal action we should follow to recover our money with interest or should we complete the rest of the internal work of our flat at our cost and get possession?. We have already paid 90% of flat cost to the builder as per registered sale deed.

 



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 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 February 2020

1. One very strong option is to file a Grievance Petition before the local Consumer Court, against the Builder, with all relevant supporting documentary evidences, affidavits etc.... for the unfair Trade Practices, Harassment, Intimidation, Negligence etc.... and claim appropriate relief, compensation, damages, interest.... for the various physical & mental trauma that is being undergone.  One single petition can be filed by many Flat owners.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sourav Das (Advocate Supreme Court of India)     19 February 2020

First of all issue legal notice, claiming either possession or refund along with interest. Then you'll have following options- 1) you may file suit for specific performance, or 2) complain before district consumer forum

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