Legal Question in Consumer Law in India

Adit pal

consultant

[ Scorecard : 26]

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I have a 2BHK flat in Kundan Estates, Pimple Saudagar, Pune, which I bought in Aug 2008. I want to sell this flat, since am moving back to my hometown and have found a buyer for this flat. The society is not yet formed, as the builder (Chaddha) is very slowly completing some of the minor work in the complex. The builder is a very greedy guy and has not even allotted us the parking space, & the whole society is complaining.

In my case, the society is not yet formed (although more than 70% of the complex is occupied). The issue is, my buyer needs this NOC for his loan sanction purpose. The bank has asked him to submit a set of documents, and NOC is one of them.

I contacted the builder for NOC for selling my property,and he is asking 1 Lakh as black money for same. I have already paid all the maintenance, property tax and there are absolutely no dues from my end, for the flat.

Can you tell me is the builder right for doing this? If not, what to do on this issue.

I really do not want to pay this builder who has been very un-cooperative and nasty to all the people in the complex. Could you please let me know whether I can file a case against the builder in consumer court?


Asked on 5/17/12, 3:17 am

2 Answers from Attorneys
ranganathan raghavachari R.Ranganathan & Associates

You can file a case against the builder but the same will cost you both in money and time. So it is better to bargain for some amount and get NOC. Other choice is you ask the purchaser to pay for the NOC and get it. It will increase the sale price like registration charges which are not included in the sale price.

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Answered on 5/18/12, 12:51 am
Fca Prashant Chavan Expert Edge LLP

18.05.2012

Dear Adit,

The lacuna in your case lies in the lapse that you have not formed the Society yet since 2008 although more than 4 years have already passed. Collectively, you are in a better position to persuade the Builder to convey the property to the Society.

If you are in a hurry to sell and want to get the sale deal through, you may have to bear the NOC charges 50-50 and close the deal.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/18/12, 9:54 am


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