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False promises by builder how to get compensation for it
23-May-2023 (In Property Law)
i) Flat purchased from the builder is not of the size claimed by the builder, ii) the total plot area of the complex is less than what was claimed by the builder, iii) covered parking sold to 11 flat owners though the sanctioned plan has provision for 10, iv) It is not possible to park 11 cars in the parking space (each parking owners was promised 135 to 140 sq. ft space), v) after obtaining 'Completion Certificate' from the Municipal Authorities builder is indulging in unauthorised construction causing inconvenience to flat owners, vi) though there are lot of deviations from the sanctioned building plan, the Municipal authorities issued CC to the builders, vii) although it is clearly written in the sale deed that all future taxes and levies imposed by the Government agencies are payable by the purchaser, the builder compelled few of the flat purchasers to pay service tax. how can we get solution for it?
immediately you have to file case against the builder promoter for such illegal construction and deviation at consumer forum state commission where you will get the desired relief from the court act fast
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It is very difficult to presume the details about the land area conveyed to you by the builder (proportionate share) is less than what has been promised to you prior to purchase of the unit in the premises. It should be matched with the area intended to be transferred if any agreement has been entered upon and the copy of the deed of conveyance wherein the land area transferred and conveyed in your favour and in favour of all the other unit holders. As regards all other complications which you all are facing with the builders can be adjudicated through the consumer forum of the state where the premises is situated and you will get the perfect result by instituting a case in consumer forum through good lawyer and request him to seek all reliefs in the complaint including mental agony and compensation ( including late delivery of possession if so be the case is) without any further delay. As you aware that presently our National Consumer forum has decided number of cases against big , giant promoter and your case is excately like wise case wherein the promoter sold out dreams to the purchaser but in actual nothing has happened with them. Apart from the civil action you may take criminal action also with consultancy of an advocate in this regard.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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RERA has come into force wef 01/5/2017 except in West Bengal and some other States
If your property is in West Bengal, The West Bengal Building (Regulations of promotion of construction and transfer by promoters​) Act 1993 and amendments thereof shall be the applicable enactment for your legal relief.
If you so desire, contact lawRato for further advice from my side.
If your property is in West Bengal, The West Bengal Building (Regulations of promotion of construction and transfer by promoters​) Act 1993 and amendments thereof shall be the applicable enactment for your legal relief.
If you so desire, contact lawRato for further advice from my side.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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