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How to handle non cooperative builder of flats
26-May-2023 (In Property Law)
We bought a flat in 2011. The builder had promised to complete in May 2013. But he did not finish it. 28 of the buyers then decided to put more money in order to complete it. The builder has given a pro note saying that he will pay it. However it doesn't look like he will pay. There is still some work pending. Each of us has already put in 7 lakhs Rs above what was originally agreed upon. Want legal opinion as to whether we can recover the money legally. Will the pronote help in recovering the money that we have overpaid? We have formed an association. However people have different opinions about approaching this legally. Would it be better to file a case individually or would it be better to go through the association? If we file a case how much time will it take to recover the money from the builder?
Sir,
Your case is very peculiar, and storms the mind, OK. The proposed construction flat delayed and handover was done in time, you can very well approach consumer form for the reason of deficiency in service and monetary relief for mental agony sustained because of that. As for as pro note is concerned you can initiate recovery of money under Order XXXVII(summary suit) then you can finish the case within one year.
Your case is very peculiar, and storms the mind, OK. The proposed construction flat delayed and handover was done in time, you can very well approach consumer form for the reason of deficiency in service and monetary relief for mental agony sustained because of that. As for as pro note is concerned you can initiate recovery of money under Order XXXVII(summary suit) then you can finish the case within one year.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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Hello,
Yes, You can file a case to recover the extra money that you have paid if the pro-note is a valid one. You can also consider filing a case before the consumer court for deficiency of service.
It will be better to go for filing a case as an association, provided that the association is a registered one. The association will be able to reduce your legal cost per head and furthermore it will save the courts time as all the flatowners issues can be handled at once.
I will take around 2-3 years to recover the money once the case has been filed, if your lawyer argues well and pushes your case forward.
Yes, You can file a case to recover the extra money that you have paid if the pro-note is a valid one. You can also consider filing a case before the consumer court for deficiency of service.
It will be better to go for filing a case as an association, provided that the association is a registered one. The association will be able to reduce your legal cost per head and furthermore it will save the courts time as all the flatowners issues can be handled at once.
I will take around 2-3 years to recover the money once the case has been filed, if your lawyer argues well and pushes your case forward.
Helpful?
15+
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