You should contact a competent lawyer practising in your jurisdiction and seek legal advice. The first step would be to issue a legal notice.

Well which builder is this? Is this townsville?

Anyway send a notice and after that if they dont, file a suit through a lawyer and you will get, at the earliest as you have the registration done, in your favour.

Hi,

Thanks for your reply. It’s a villa project in Bangalore. Also, wanted to know if in case I’ve to file a case, it will be filled in civil court or consumer court ?

-Regards,

Vini P

Civil…

All the best

These kind of frauds have become common in Bangalore with builders. Make sure he gives you occupancy certificate along with possession. Send a legal notice first. and nothing prohibits you from filing both civil suit and a consumer complaint simultaneously. regards, blorelawyer

I have the same issue, where Builder (Modi Builders) is not giving Possession of my Villa in Hyderabad (Emerald Park,Annoujiguda).They are asking me to Pay Modification charges, though it was well agreed by builder on phone at the same cost.

Now when i have made complete payment, Theay are not giving the Possession and telling me they will send me legal notice.

My Question is

1)Since Plot is registered in my name, Do i really require possession letter?

2) I am living on Rent, if i will take this mater to Court it may take years. During this period can i occupy the Villa? what could be legal action against me.

Regards

Sudip Sinha

08886799402

Although I am not an advocate. From your case it seems that land is registered on your name but not the building. Also, I am not sure if you have taken terms, condition & understanding in any agreement or not.

I hope someone in the forum can guide you better..

Regards,

GVPd

Yes i have signed the Sale Agreement. These are the points covered in the agreement related to Possession.

1)That the possession of the schedule property shall be delivered by the Vendors to the Vendee(s)after completion of construction of the house and upon payment of the entire sale consideration and other incidental charges by the Vendee(s) to the Vendors. ---- (I have made payment for entire sales consideration as mentioned on the agreement)

2)That upon completion of construction of the house the Vendors shall intimate to the Vendee(s) of the same at his/her/their last known address and the Vendee(s) shall be obliged to take possession thereof, subject to the condition that he/she/they has/have fulfilled all his/her/their obligations including payment of the entire consideration hereunder according to the terms hereof strictly. After such intimation, the Vendors shall not be liable or responsible for any loss, theft, breakage damages, trespass and the like and shall also be obliged to pay for maintenance thereof to the Vendors or the respective society.

3)The It is specifically understood that the Vendee(s) shall not have the right to occupy, sublet,alienate, encumber or otherwise deal with the Scheduled Property before it is fully constructed and possession delivered, unless she /he/they has/have made full payments including incidental charges such as electricity, water and other connections etc. strictly according to this agreement

But regarding the Modification charegse it is no where written on the agreement.

And i have not given any modification request to the builder.

Regards

Sudip Sinha

Hey you can get in touch wiht me on shashank0889 @gmail.com . You can ask the builder to specifically perform his part of the agreement.

Dear Mr.Shashank

Builder is not Performing his part of the agreement

1) He is not giving me Possession

2) Asking for Modification charges, which is not there

3) Calling me for Legal Proceeding for Defaulting the Payment.

Please advise me.

Regards

Suidp Sinha

8886799402