Builder delayed and now denying possession of a plot
2 years ago
7 years back I bought a plot in Uttarakhand from a builder. I got it registered to my name. Even I have got my name in dakhil kharij as well. Plot was not ready at registration time as some land filling was required. Builder delayed this and promised that he will get the landfill done when I will go to build anything over this plot. Hence possession got delayed. Recently we got to know that builder have done some construction (boundaries only) already over that plot and builder is asking me shift somewhere else. I am not willing to shift anywhere. Builder has done this construction with out my knowledge and acknowledgment.
I am outside India at the moment, how can I proceed for legal action against the builder?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Agar builder duvara aap koi nirman us bhumi par kiya gya hai vah bilkul glat hai kyon ki usko nirman karne ka koi right nhi hai.
Agar aap ko builder adhik preshan kar raha ya plot par possession karne ka paryash kar raha hai tab aap civil court me builder ke khilaf injunction ka suit file kar sakte hai.
Aap agar videsh me hai tab aap udhar se ek power attorney tayyar kara ke bhej de jiske aadhar par power attorney holder aap ke case ko lad sake. Kyon ki aap videsh me bethkar apna paksh nhi rakh sakte.
Power attorney se aap ke sabhi rights usme samahit ho jainge jiske haq me power attorney karenge. Vah aap ke behalf par aap ko defend kar sakte hai.
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You are the absolute owner and get permanent injunction from civil court as follows against him.
In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The buyer can file a case and send legal notice to the builder for delay in possession under the RERA Act, 2016 or transfer their case from a CDRC to the State Real Estate Regulatory Authority. According to this Act, a builder will have to pay 10% interest on the value of the property for delayed possession of flats.
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You may first send a well-drafted legal notice to the builder stating your reasons of discontent. Depending upon the response (or no response) prepare a petition/complaint, stating all the facts and evidence with the help of expert legal advice. Finally, you can pproach the Consumer Court and file the petition against the builder.
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1. File a civil case against the builder - a title suit to get the possession of the plot as the said plot is already registered in your case and even mutation ( dakhil kharij) is also done hence you need to go for a title suit and not a consumer case.
2. File a police complain of fraud and cheating against the builder and take him to the books. In case the police is not taking the case due to any reason then hire a good criminal lawyer and file a complain case under Section 200 of CrPC in a magistrate case directly
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