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Author Topic: Trouble from apt builder  (Read 291 times)

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Offline aptownerblor

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Trouble from apt builder
« on: March 20, 2016, 11:51:08 AM »

We bought an apartment from a bulider 2 years ago.
Builder promised all the amenities and OC at the time of booking.

But 6 months back we came to know that he never completes amenities or gets OC since there are too many deviations in the building and none of his previous properties he got OC.

Now registration is complete in Dec 2015 and we moved into the apartment in Jan 2016.
There is a pending amount of 2 Lakh rupees we need to pay him, he has NOT provided  a single legal document to us through out the process, he kept saying will give as a set of documents in the end.
Even after registration all the legal documents were submitted to bank directly from his office for processing home loan and we never got a copy.

Now when i meet him to ask for a copy of documents he has been insisting that i pay the remaining balance to get the documents. We called the bank and bank is willing to give us our set of documents. So getting documents is not a concern.

Now coming to my questions .
1) I really wish to keep the pending amount so that he complete the amenities and OC since he took money for that as well as part of the agreement. Can the builder have a legal right to send me a notice for the pending amount since registration is complete and we occupied the apartment as well?
2) I have no problem in paying the money but the builder had troubled a lot and shown us hell during the constructions, ours was the last apartment he has completed and i had to pay for the labour most of the times since he was not paying them and work was not progressing.

I just want to teach him a lesson since the way he troubled us during the last 2 years.
But worried if he can take a legal action/send me a notice for the pending amount. He has mentioned it many times that he has a legal team to take care of these cases during discussion about one of the resident in the property.

Please advice, thanks a lot in advance.


Offline adv.amarnath

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Re: Trouble from apt builder
« Reply #1 on: March 20, 2016, 07:52:36 PM »
After going through your statements it transpires that you have not consulted any lawyers before purchasing as well as registering your flat and for same you have been suffering. Let me tell you that immovable property is being purchased under the provision of Transfer of Property Act where it is specifically mentioned that it is the duties of the purchaser to make enough inquiry in respect of purchasing property before registration. After registration of same, all liabilities come upon the purchaser not seller/ vendor. So it was the responsibilities of yours to check all the paper prior to purchase. Even the developer asked for some time. You should could have send a formal letter to the builder for providing you the same.

Now, your flat is deviated from its actual plan. So it is very clear to us that your flat's deviated area is illegal and illegal property cannot be registered. Even if registered then also it will be deemed to be void registration in respect of deviated area. So, after registration of your flat, if you get sanction of deviated area then also deviated area cannot be deemed to be valid as on the date of registration, deviated area was not sanctioned. You have to register once again in respect of deviated area once it gets sanctioned. As per Apex Court of India, it is now law that single inches of deviated area should not be sanctioned and same should be demolished.

It is better to go consumer forum immediately in this respect before it is too late. You have to make your case in such a way so that your negligence should be suppressed and unfair trade practice of builder should be highlighted in the plaint/ complaint.  Also get an injunction order.

Builder has every rights to send you a notice for demand of rest of his money but that will be judged on the basis of documents. You should not pay the balance amount.

This much I can give you under free consultation. For further consultation in details you can contact me.

Amarnath Sanyal
Email -
Mob - 09830303322

Offline rajgopal sripathi

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Re: Trouble from apt builder
« Reply #2 on: March 23, 2016, 01:05:24 AM »
Since the builder has completed the registration and handed over the possession to you, you might not have troubles on registration and possession aspects.
Just ensure that the property tax, electricity meter and water connections are mutuated in your name.

However be aware that the builder might not be given a Occupancy certificate  at all from the municipality. you should hold the money till such time Occupancy certificate is issued.

You should pre-empt the builder by sending him a notice demanding occupancy certificate and completion of pending works.

Also since you are living an apartment, hopefully you apartment owners have a formed an association to ensure that the deviations are regularised through Building regularisation plan at the earliest. till such time the deviations are regularised, you might have to pay Unauthorised Construction penalty (upto 50% of property tax) every time you pay property tax.
Rajgopal Sripathi


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