Advocate Farhat Warsi

Questions Answered by Advocate Farhat Warsi

Q: Procedure to file application for Gurgaon based project

Hi, I have to file an application in Haryana Rera - Gurgaon based project. For the same looking for help in all documentation & further procedure understanding. How much would be the total cost for such service & Rera fees inclusive of all and what all documents would be required. Please suggest.

Advocate Farhat Warsi answered
Dear SirThank you for your email with query. I would suggest you to contact us directly for specific quotation and documentation as the same is not possible without discussing the matter in detail and knowing what exactly you require.If you have any further queries lease do not hesitate to contact me.Kind RegardsMrs Farhat WarsiSolicitor/Advocate

Q: How to get compensation for delay in possession

hi i have a commercial office space with emaar emerald plaza sec 65. i bought the unit in 2009 and they are handing over the possession in june 2018. however they are liable to pay compensation for delay in handover of possession. the reason they are giving is i delayed few payments for which they charged me. Kindly advise how to get compensation from the builder as they are giving compensation to people who have not delayed in any payments.

Advocate Farhat Warsi answered
Dear Sirthank you for your query. You can file a case in consumer court seeking compensation for delay in possession. My advise is based on the information that you have provided. Specific suggestions and legal advised can be given only after going through the builder buyer agreement and discussing the matter in detail.If you require further assistance please do not hesitate to contact me.King RegardsFarhat Warsi SinghAdvocate

Q: No date of possession in agreement how to proceed against builder

Dear Sir, Facts: A) I went into agreement in Jan 2011 to buy a shop in Commercial Mall (under construction) in Gurugram The builder took 3 installments as the construction was already started (I chose construction-linked payment) B) It is mentioned in the agreemnet: "..the said premises is proposed to be delivered by the Company to the Unit Alloottee(s) within three years from the date of sanction of REVISED Building Plan" C) But the revised Building Plan was Sanctioned on: Nov 2013 D) When I was signing the agreement they told me that it will take about 1.5 to 2 years to complete. I did not know that the revised Building Plan was not even sanctioned at that time. E) Question: Is it considered breach of trust/contract to not give a firm date of possession, as in the case above? The Project is extremely delayed. What rights do I have to defend myself? Is there any SC Judgement regarding this Sir? Kindly help. Regards, Anuj

Advocate Farhat Warsi answered
Dear Mr AnujThank you for writing to me with your query. To precisely answer your questions, Yes it is considered breach of trust/contract. Even if they have not given you any specific date as to when they would hand over the possession of your commercial unit but intimated you verbally, you have the right to take the concerned builder to the court of law. For cases like this I would suggest you to go to the consumer court as they are fast and your matter shall be resolved within a year following Supreme Court guidelines to consumer court. You may also choose to go to civil court for redressal. However, this is a generalised suggestion given to you based on your query. Specific suggestions and legal remedy can be provided only after going through builder buyer agreement. If you have any further query please do not hesitate to contact me.Wish the very best with your legal matter.RegardsAdvocate Farhat Warsi Singh

Q: Seller signed at back side of stamp paper is it legal or not

I have done an Agreement to Sell for a 60 sq yd EWS plot in Gurgaon. It mentions the full amount of the plot including the cash. When i paid the seller some cash he wrote it on the back of stamp paper and signed it with writing - Received. Is that legal enough ? If tomorrow he breaks the agreement will i get my cash back?

Advocate Farhat Warsi answered
Dear SirThank you for your query. Unfortunately that is not enough and you must have a proper money receipt with revenue stamps in order to avoid any legal mishap in future.Should you have any further query please do not hesitate to contact me.regardsF W singhAdvocate

Q: Pecuniary eligibility for Jurisdiction in NCDRC

I have a dispute for commercial property with builder regarding compensation for delayed possession which he is not paying.The property value is above Rates 1 crore but compensation demanded is RS 55 lakhs.Kindly advice if I can file case in national commission.

Advocate Farhat Warsi answered
Dear SirThank you for your query. You can surely go ahead and file in National consumer Forum. If you require further assistance please do not hesitate to contact me.RegardsFarhat Warsi SinghAdvocate