Builder absconded and  landlord son not allowing the apartment premises Builder absconded and landlord son not allowing the apartment premises

3 years ago

I am Sravanthi Bethi, booked a 2-bedroom flat in BTM Layout 2nd Stage, in Jan 2014. The flat was scheduled to be delivered in June 2015. The builder took

complete amount as per the Sale Agreement on Apartment Flat,still registration not done on our name and did not deliver the possession at all. There are also

a number of litigation going on against this builders where the builders have lured the buyers with fancy promises and fraudulently took the money but did not

given positioning at all. Whatsoever be the reason, the delay in completion of the project affects the overall and direct impacting me. I have secured a home

loan for the flat, Till that I did not get tax relief on the pre-EMI. I have to pay the EMIs of the bank and also the rent for my current residence. now I financial

loss and mental agony.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Madam,
You can orders from the civil court and possession is nine points in law. By hook or crook get possession. Please discuss as I am from Bengaluru.
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Rameshwar Dadhe

Responded 3 years ago

A.If such project register in under rera act then you can file complaint against them immediately.
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Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
1) As you had book the flat in 2014 and when the delivery was about to be there of the flat in June 2015 and as there was further delay you would approach the bank for cancellation of the PRE-EMI and also lodge complaint against the builder in 2015
2) Itself now almost after 6 years you have woke up all of a sudden relating to the Sale Agreement of the apartment, Registration not done. Let us know what are all the correspondence made by you during 2015 to 2020 kindly and accordingly send a Legal Notice from a lawyer to the Builder, then file cheating case against the builder and also intimate it in the RERA
3) You may also have the options of settlement along with the builder for the repayment of your token amount or rather he be made to pay the pre-emi ... till the actual possession of the flat. Also you have the authority to ask the bank as to if the project was not secured regarding the completion of the work how would the bank bring the funding on it... Kindly send legal notice to the builder and file a case against him.

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ADV. ANISH PALKAR (High Court)
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