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Author Topic: Flat booked four years ago, possession not yet given and now builder died  (Read 944 times)

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Offline dubeysumit

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Hi Team,

I need immediate help on this:

Matter: My brother booked a flat in Bhopal (M.P) more than four years ago (in 2011), as per builder project was supposed to be completed by Dec 2013 or no later than April 2014 (rough estimates). As of today there is only building structure and no possibility of completion in 2015 (even 2016 in doubt). Recently (couple of weeks ago) builder died and we are left with nothing. My brother is still paying EMI's of the loan he had taken in 2011.

Please advice how can we get at least our money back since project completion looks almost impossible? Can we go to court and ask for compensation as well? Who will be the responsible at this moment if builder already died? How can we get out of this situation?
I can provide more details if needed.

Thanks in advance for the suggestions/help!

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: Flat booked four years ago, possession not yet given and now builder died
« Reply #1 on: September 02, 2015, 06:06:19 AM »
Your situation is not complicated. Same situation I had handled it easily and my clients got relieved accordingly. Considering that you got knowledge of your developer's death by a documentary prove. You have to send a notice to all his surviving heirs of developer at his residential address asking for refunding of money as well as compensation within specific time. If they failed, then you have to  file a consumer case. Dont forget to send the notice to the necessary parties to the Agreement for sale.

Above advice is on the basis of apparent view of your statement described by you. If you need proper and actual advice you can send me email. I cannot disclose my tactics/ procedure of getting quick relief due to professional reasons.

Please click on APPLAUD just on the left hand side of this comment, if you liked my advice

Amarnath Sanyal
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