Legal Question in Real Estate Law in India

We as a group approached a reputed builder from Nashik, Maharashtra to build a residential housing society in Pune with 7 floors buildings (C, D and E), 18 twin bungalow and 21 row houses with many amenities. After negotiations we mutually agreed a rate of 1900/ sqft for flat and 2100/sqft for Row House and Twin Bungalows and agreement was registered with individual purchaser in said scheme. Construction started in January�2009 and it was supposed to be completed by 31-Jul-10 followed by a rightful possession as per agreement. However even after 4 years, rightful possession is still at bay.

Moreover Promoter & Developer are cheating buyers: -

1) By raising height of buildings from 7 to 11 floors without any consent from buyers.

2) By reducing the size of flats (01 and 06 series) in buildings, by demolishing the common toilet.

3) By reducing the garden area of Row House and Twin Bungalow.

4) By changing the layout of flat by constructing common toilet in living room.

5) By not doing customization changes in respective units after making payment in advance.

6) By not providing commercial space as per agreement.

7) By using lowest quality material for construction and fittings.

8) By Poor workmanship

9) By reducing the area of common garden and relocating the Tennis court to get more parking spaces.

10) By not providing common amenities as per registered agreement.

11) By constructing additional buildings (F, G, H, & I) in the same premises.

12) By approaching buyers to take possession without giving correct certificates from competitive govt. authorities and forcefully signing consent letters.

13) By changing the name of organization from Teirth Developers to Teerth Realities; to protect himself from govt. authorities for his own misdeeds.

For past 7 years we all are living in rented accommodation awaiting our dream house, but after making a payment of almost 95% (in some cases 100%) we are still far away from getting rightful possession from builder. He is offering partial possession of individual units by giving only 1 set of keys after forcefully signing some consent letter and license of enter documents.

We all cheated, mentally and financially harassed by builder since begining.

Question:-

1) What is the best approach to get possession.

2) What is the best approach to get Compensation.

3) Can we file consumer forum case ?

4) Can we file criminal case (MOFA) against builder for cheating, illegal construction and change in layout?

5) Where can we get relevant information and support.

6) Which govt. organization can help to us get a stay order to stop further illegal construction.

We are looking forward for your help and suggestion.

1 Answer from Attorneys

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