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Builder is not doing registration even though possession is given
10-Jan-2023 (In Consumer Court Law)
Please help me on - its been more than 3 year i occupy the flat i purchased from builder, but when it come to registration i asked the builder to alter the statement he have mentioned in sale deed about "he will not be give OC/CC and will be purchaser responsibility to get it on their own" however we know that there is deviation from the approved plan. I just asked the builder to change this to Builder will jointly work with association to get this document from BBMP and will be paying any penalty if found deviation. Upon this the builder is not turning back for registration and its been almost 3 year since i am doing follow up with builder to do registration but he is not responding at all. Please help if i can send him notice on this or any legal way to get this done.
Of course you can send him notice, if a notice can make him come for registering your flat to you. For the deviation in the construction and for not getting OC also you can take legal action against him..
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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I fully understand your problem. Though legally you have recourse to file Civil suit or Criminal suit, the fastest and cost effective option would be to approach the Consumer Forum.
So in order to initiate any legal action (irrespective of civil / criminal / consumer forum)
1) First issue notices to the builder and then if you do not receive reply/ favourable action by the builder within 30 days, you should initiate appropriate legal action
2) The Remedies available to you if you use the legal approach through consumer forum are
a) Demand payment of interest at the rate of 11% or whatever rate of interest the builder has mentioned in the agreement of sale in case of you(buyer) delaying payment. Interest will be computed from the date of you making your payments to the builder AND
b) Costs of alternative accommodation from the date of possession as envisaged at the time of agreement of sale AND
c) Compensation for Mental Stress
So in order to initiate any legal action (irrespective of civil / criminal / consumer forum)
1) First issue notices to the builder and then if you do not receive reply/ favourable action by the builder within 30 days, you should initiate appropriate legal action
2) The Remedies available to you if you use the legal approach through consumer forum are
a) Demand payment of interest at the rate of 11% or whatever rate of interest the builder has mentioned in the agreement of sale in case of you(buyer) delaying payment. Interest will be computed from the date of you making your payments to the builder AND
b) Costs of alternative accommodation from the date of possession as envisaged at the time of agreement of sale AND
c) Compensation for Mental Stress
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Adv. Abhijeet S.K
Bangalore | 100+ Answers
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