Dear Madam,
We had entered into an agreement of sale in February 2005 for purchase of a flat in a residential condominium comprising 8 apartments. The builder had promised to give us the completed apartment in 3 months. Thereafter he promised us to give us Rs 2000 every month as rental compensation. At the time of negotiation he had promised us various things.

In February 2006 he asked us to register the flat in our name although it was not completed. He again promised us verbally that he would complete the flat in 15 days and give us the possession. But unfortunately we got the keys to the flat only in August 2006. Since it is a verbal commitment he is not honouring the same.

1. Can I at least try getting the damages legally, from the date of registration till the date of occupation?
 2. The amenities like lift, backup generator, solar, dish, close circuit TV, etc, have not been installed till date. Now he is charging a maintenance of Rs 1500 per month. Is the builder not supposed to maintain the building for one year? Are we supposed to pay the building maintainence to the builder or can we form a committee and take care of the maintenance ourselves? Moreover, can the builder force us to pay maintenance for the whole year in advance?

Please let me know as I have to take it up with other apartment owners.

Pooja

Dear Pooja,

You are advised to call a meeting of the apartment holders to discuss the outstanding matters. If the apartment holders are willing to take legal action then a legal notice can be issued to the builder alleging deficiency of service. Compensation can be demanded from him, but before doing so a detailed notice has to be given to the builder giving all the background facts and the exact reliefs wanted by you.

Dear Madam,

We had booked two flats with a reputed builder in the city in my father’s name. These flats were actually meant for my brother-in-law and sister who are NRIs and are staying abroad at present. The rate at the time of booking these flats was Rs 2400/sq ft and we paid the booking amount of Rs 2 lakhs per flat. Subsequently we also paid Rs 10 lakhs per flat as the next installment (the flats are under construction). For the remaining amount my brother-in-law decided to apply for a loan and spoke to HDFC officials regarding the same.

The bank officials asked for the property to be booked in the applicant’s name for the purpose of processing the loan. We requested the developer to change the property from my father’s name to my brother-in-law’s name as it was required for getting loan. The developer said it could be done if we get a provisional loan approval letter from the bank.

The bank officials also spoke to the developer and confirmed to them that a Provisional Approval Letter was required to change the name. On the oral assurance of the developer, the papers for loan were processed and after about a month or so, the bank issued the said letter for the loan.

We submitted the letter to the developer and requested them to change the name and execute the agreement in my brother-in-law’s name as it was necessary for disbursing the loan amount. But the developer now says it is not possible to change the name and if at all we want to do it, we have to pay them a fee of Rs 100/sq ft for this purpose — which is totally unfair. The Bank officials are not willing to execute the agreement in both, my father and my brother-in-law’s name as they say there could be complications if there is non payment of loan, etc. Under these circumstances kindly advise as to how this issue can be resolved without having to pay the extra amount.

VAK

Dear VAK,

You are advised to file a suit for damages against the builder stating all the facts.  It may be possible to rely on the doctrine of ‘promissory estopel’ to seek relief against the builder. But before filing a suit you are advised to give a detailed notice to the builder giving all the background facts and the reliefs wanted.

Dear Madam,

My husband bought a site almost 12 years back with a monthly installment before our marriage, through a private developer. He got the site registered and paid all the fees up to date. A few months back all the plots were taken over by the new management company who demanded additional development charges to lay roads and provide facilities to the plots as the previous developer didn’t do anything. As per the request the money was paid in full.  Recently, we were asked to produce the photos of my husband for colony membership. At that time when my mother-in-law visited the new management office she was informed that the layout had been re-done and there will be a road coming in our property. We don’t understand how a registered property could be misused without the authorisation and prior notifying, to the site owners? We currently live far from Bangalore. I would like to know how to handle this situation. This is the only site we have.

Prathibha

Dear Prathibha,
You are advised to issue a notice to the opposite party protesting against the alleged formation of the road. You are also advised to file a suit in the appropriate court seeking injunction against the opposite  party from proceeding further. A pre suit notice giving all the background must be given. 

Dear Madam,

We have ancestral property in the form of farms in Gulbarga. But because of some problem, my father-in-law sold the same just for a minimal amount. As per today’s date its value is around Rs 1 crore, but he sold it just for Rs 10 lakhs as ‘they’ threatened my husband to sign those papers. I have a two year old son. Can we stake claim to that property to get it back? Does my son have any right to the same?
The deal was completed on August 3. But on August 19 we filed an objection letter mentioning that my husband had signed that deal under pressure. But no action has been taken by the tahsildar’s office.
Is there any other way to get it back?

Archana

Dear Archana,
Your claim is doubtful. The contemplated action may prove to be a gamble in litigation. The wiser course may be to compromise the matter if possible.