Problem with builder in my purchased resale flat after 9 years
1 month ago
I am from Ahmedabad, Gujarat.
I purchased the flat before 9 years ago with the First owner.
Now after 9 years the builder hands over the administration to the society and transfers the name of the flat and allots the parking lot. But I am told by the builder that your payment is pending so until you deposit the payment your name will not be transferred and you will not get parking.
Sale Dead from Builder to 1st owner and 1st owner to me is cleared and also I got the possession and allotment letter in the year of 2017.
then what should I do now?
A.Dear Client,
If you possess a registered sale deed and have legal possession of the property, a builder cannot legitimately demand payment of any additional dues. Such actions by the builder may be considered an unfair trade practice. In response to this situation, you can take the following steps:
1. Serve a Legal Notice:
- Initiate the process by serving a legal notice to the builder, clearly outlining your possession of the property and the registered sale deed.
- Notify the builder that any demand for additional dues is unfounded and constitutes unfair trade practice.
2. File a Complaint under the Consumer Protection Act, 2019:
- If the builder does not resolve the matter after receiving the legal notice, you may proceed to file a complaint against the builder.
- File the complaint before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019.
- Claim compensation for the harassment caused by the unjustified demand for additional dues.
3. Time Limit for Filing Complaint:
- It's crucial to note that the complaint should be filed within two years from the date of the cause of action, as stipulated by the Consumer Protection Act, 2019.
4. Documentary Evidence:
- Gather and provide documentary evidence such as the registered sale deed, possession documents, and any correspondence with the builder.
5. Legal Assistance:
- Consider seeking legal assistance to ensure that your case is properly presented and to navigate the legal process effectively.
By taking these steps, you aim to address the unfair demand made by the builder and seek compensation for any harassment caused. It's advisable to consult with a legal professional to guide you through the specific details of your case and the consumer protection laws applicable in your jurisdiction.
If you possess a registered sale deed and have legal possession of the property, a builder cannot legitimately demand payment of any additional dues. Such actions by the builder may be considered an unfair trade practice. In response to this situation, you can take the following steps:
1. Serve a Legal Notice:
- Initiate the process by serving a legal notice to the builder, clearly outlining your possession of the property and the registered sale deed.
- Notify the builder that any demand for additional dues is unfounded and constitutes unfair trade practice.
2. File a Complaint under the Consumer Protection Act, 2019:
- If the builder does not resolve the matter after receiving the legal notice, you may proceed to file a complaint against the builder.
- File the complaint before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019.
- Claim compensation for the harassment caused by the unjustified demand for additional dues.
3. Time Limit for Filing Complaint:
- It's crucial to note that the complaint should be filed within two years from the date of the cause of action, as stipulated by the Consumer Protection Act, 2019.
4. Documentary Evidence:
- Gather and provide documentary evidence such as the registered sale deed, possession documents, and any correspondence with the builder.
5. Legal Assistance:
- Consider seeking legal assistance to ensure that your case is properly presented and to navigate the legal process effectively.
By taking these steps, you aim to address the unfair demand made by the builder and seek compensation for any harassment caused. It's advisable to consult with a legal professional to guide you through the specific details of your case and the consumer protection laws applicable in your jurisdiction.
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A.Dear Client,
Having a registered sale deed and possession of the property, a Builder can not ask for payment of any dues which amounts to unfair trade practice. on the part of the builder. Serving a legal notice to the builder, file a complaint against the builder before the Dist. Consumer Commission under sec.35 of the Consumer Protection Act, 2019 claiming compensation for harassment. The complaint should be filed within two years from the date of cause of action Reach out to an Advocate for guidance and steps.
Having a registered sale deed and possession of the property, a Builder can not ask for payment of any dues which amounts to unfair trade practice. on the part of the builder. Serving a legal notice to the builder, file a complaint against the builder before the Dist. Consumer Commission under sec.35 of the Consumer Protection Act, 2019 claiming compensation for harassment. The complaint should be filed within two years from the date of cause of action Reach out to an Advocate for guidance and steps.
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