Legal Question in Real Estate Law in India
I bought a flat on July 28,2011 in Bengaluru. The agreement said that the possession will be given by 30th Sept 2011 duly completed. However the building is still not ready, lift yet to installed, swimming pool not ready yet, parking not ready, though with lot of pressures I got my flat ready and water and electricity provided. There is no clause of penalty in the agreement.
it is a costly flat and even if I had kept the amount in bank FD, I should have earned around 5-6 lakhs interest for 8 months.
I have been corresponding with builder through emails on their failure to finish the work and handover the building/flats to the buyers.
Can I claim financial loss from the builder even after taking possession next week. What is the procedure to claim the losses due to delay from his side. Can builder trouble me?
3 Answers from Attorneys
20.04.2012
01) Your first priority should be to take custody and possession of your flat from the Developer / Builder.
02) Your second priority should be to find out and collectively persuade other flat buyers to take custody and possession of their flats from the Developer / Builder.
03) If there is no Chief Promoter, appoint a flat owner from amongst all the flat owners that you have got together, to represent you all as the Chief Promoter for formation of the Society. Just 10 members are required for formation of the Society.
04) I can complete all the required Society formation formalities for you.
Even if there is no penalty clause, compensation for financial losses can be claimed and granted by the Chief Promoter of the Society filing a writ petition in the City Civil Court, on account of the mental trauma and physical hardship caused to all the flat buyers / owners as a result of project overruns. A parallel Police NC is simultaneously lodged against the Developer / Builder to safeguard your interests and avoid the possibility of any troubles emanating from him.
You can reach me for completion of all the necessary Society formation and registration formalities, and for further on-line legal advice at [email protected] or call me on 9920299337
First and foremost, take possession of the flat, that�s important, once you have taken possession you can initiate any legal action.
As per consumer protection act, a purchaser of flat from a builder is a consumer, as such you can claim your damages and financial loss, by filing a complaint before the concern consumer forum for deficiency of service on part of builder.
It is important to know the contents of your agreement with the builder with regard purchase of flat, assuming there is an arbitration clause even then you can invoke the jurisdiction of consumer forum.
For further details feel free to call me 91-9849346748 or mail me [email protected]
May be.
Approach Court or Consumer Forum.
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