Legal Question in Real Estate Law in India

Legal remedy
I had entered into an agreement with a flat builder and gave an advance amount and also the part payment from the Bank totalling 85% of the value of the property. The flat construction was also completed abt 85% that time. The time period for construction of the property is already 3 months plus now (though there are clauses which can protect his interest). Now the builder is delaying the possession of the flat. He has not obtained the NOC from fire dept nor the occupancy certificate nor has done the flat registration on our name. The permanent power connection is not given to the flat and hence water cannot also be made available. My question is : 1) Can I do a forced registration of the property in my name by asking for a directive from the court for specific performance for completion and handover (how long will it take? if i do this). 2) What could be the rationale of the builder for not registering the property 3) Can the power connection be (say if all the flat owners group together) be got from? The project is an approved one and also approved by the Banks. The builders are reputed and are ISO 9001 certified. What is the course of action suggested ? Apart from this there are lot of amenties which were promised but not pvdd.

Asked on 1/07/09, 9:23 am

4 Answers from Attorneys

Vishwa Arya Arya & Co.

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Re: Legal remedy

Your best bet is to go to the Consumer court under consumer protect act. in order to give an impact, You may form an association of the flat buyers and seek any thing and every thing promised under the agreement. Or else you alone may do it all alone. This remedy is not only economical but faster than your alone going for specific performance under the Specific Relief Act before the Civil Courts.

Vishwa Arya

Answered on 1/07/09, 9:56 am

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