Advocate Tushar Bahmani

Questions Answered by Advocate Tushar Bahmani

Q: Disturbance due to repair work being done in society

I am 70 years women residing in a builder society. The society is carrying out repair works of buildings since past one month and it is not made known upto when it will continue. I am unable to tolerate the noise of hammering and drilling machines due to which my health is deteriorating as I do not get sufficient rest. What can be done in this case for immediate action within a day or two.

Advocate Tushar Bahmani answered
Hello You can file a civil suit for a stay on ongoing construction at the site which is bothering your peaceful living due to its menace.You can file the same before the local civil court and obtain the stay order on construction.regards

Q: Can an error in conveyance deed be ignored

I am buying a flat in gurgaon. The conveyance deed is in name of the current owner. The current owner had purchased this flat from original owner before possession. The name of current owner is endorsed in the Agreement by the builder. However there is an error in the date of endorsement that is referred to in the Conveyance deed. Instead of 6/4/07, the conveyance deed mentions it as 6/4/10. All other things are correct and title of the property is clear. Bank has cleared the loan to me. Do I need to get the error in date corrected before buying it? or can this error be ignored?

Advocate Tushar Bahmani answered
You can get an affidavit from the current owner with mention of the difference of dates mentioned in the particular document. He will certify the correct date on the affidavit get the affidavit duly notarized.

Q: Can Women not be arrested under sec 27 of Consumer protection act

Sir i filed a case of medical negligence against a Lady Doctor in District Consumer Court, The Consumer court ordered the doctor to pay me Rs TEN lac with interest, But the Doctor did not pay me any amount, so i filed a execution application under section 27 in district consumer court. But court said that the lady(woman) can not be arrested in money decree( Referance case given - Mary Chacko vs Jancy Joseph on 5 August, 2005, Kerala High court) Now what i can do. i have no option, Please help. ..............

Advocate Tushar Bahmani answered
HiYou can very well file an application for the arrest of the Judgment debtor if he or she is not complying with the forum's order. The forum may first freeze his/her bank accounts and attach the same if the decree is not honored as per the order. You can connect me for further assistance.Regards

Q: Compensation if builder gives late possession of the flat

I booked the flat in 2010. Till today I haven't got my flat and they are promising to deliver it in the first quarter of 2019. According to the buyer's agreement, the delay compensation charges are Rs.7.7/super area till the date of the notice of possession. Under possession, the company will hand over the unit within 33 months from the date of start of construction. Date of Construction started on 10th May 2010. Handover Date shall be 33 months that is 10th February 2013. Acc. to my calculation, 7.5 x 1950 sqft (Super Area) = 14,625 per month. Total m (Assuming I receive the letter of possession in February 2019.) So, the Total amount is Rs. 14,625 x 72 m So, I feel that the compensation provided by the company is less and I would like to go through HRERA. My questions: 1. What interest is applicable in such a situation. 2. What amount shall I receive under HRERA and do, I need to file a case??

Advocate Tushar Bahmani answered
Good EveningYou can file a complaint through a lawyer before HRERA for the demand of compensation on account of a delayed possession by the builder. You can demand compensation to a valid and appropriate figure in total. You will have to satisfy the authority that you have suffered monetary loss as well as suffered mental agony as it was your dream to own your own house. If you stick to the amount written in agreements, you will barely receive such amount. When you have the legal remedy to ask for maximum compensation then why you are looking whats written in ATS or BBA? I am regularly appearing before HRERA and Consumer Courts. You can contact me for further discussion. Thanks

Q: Builder delaying delivery and not honouring the agreement

Hi We booked a flat. Possession date was April 2017, however till date only excavation has happened. We have paid 80% under subvention scheme and liability for interest payment will be falling on us starting Feb'19. As per Builder Buyer Agreement, there is a clause which states, if the builder fails to deliver booked unit ontime (and after 6 months of grace period) and the property owner does not want to take alternate property offered by builder, then money will be returned without any interest. We have written to builder and met them in-person, they have refused to honor this clause and are openly challenging us to take legal route. We are middle class family and this money was my father's retirement fund. How can we get resolution, our money back!!

Advocate Tushar Bahmani answered
Dear SirI have gone through your query. In case the date of possession has passed and the builder has failed to offer you possession as promised. You can file a consumer complaint against the builder. The only thing that matters is the price of the flat, as it will decide the jurisdiction of the correct consumer forum. The agreement of the builders are always one-sided and allottees are being made to suffer for their own defaults. You are legally holding every right to get your invested money back from the builder with interest on that money. You can contact me for further clarifications.Regards