I have bought a property in Prakruthi Solitaire phase 2 , Nandhini builders, Bangalore and the possession date was mentioned as October 2014 , but still in April 2016 the property is only 80% completed. The builder is avoiding to meet the customers also and not answering the phone calls.In fact there is no proper communication channel in place. What are the legal options we have to tackle the builder in this case and get the property completed soon or get proper compensation. There is a Rs 5000 per month compensation clause as well in the agreement for the delay. Builder is not giving that also and is saying that it will be adjusted in the final settlement.Now all other partners like marketing (triaxis) and his partner is surrendering asking us to deal with the builder.And it does not look like builder or its partners are anyway interested in the project.
You have got correct solution for your problem, from other source, which needs modification, as under.\r\n\r\n(1) When you go to Consumer Court, file your complaint in Karnataka State Consumer Court, Bengaluru, if flat value is more than Rs20 lakh. Otherwise, file your complaint in Bengaluru District Court. Consumer Court Address you can get it from Google Search or by a visit to Bengaluru District Collector\'s (Deputy Commissioner\'s) Office.\r\n\r\nTo make complaint at Consumer Court, you should have all the proofs such as registered agreement, payment made by crossed cheques, bank pass book entries for payments made to the builder, your last written correspondence to the builder for asking delayed period compensation of Rs5,000 per month should be properly given.\r\n\r\nIn Consumer Court, it is not necessary to have an advocate. You can present your case yourself. Around Bengaluru, in Law Book Stalls, you will get a good book on how to present your case in Consumer Court.\r\n\r\n(2) As stated in earlier advise, going to the police station and civil court for injunction is not advisable. First you go to Consumer Court, which is fast and speedy.\r\n\r\nThen if you are not getting any relief from Consumer Court, that is, rent of Rs5,000 per month for the delayed period, then go to Civil Court, for a Civil Suit of Specific Performance, under Specific Relief Act, which is applicable for violation of terms of the Contract, which has adversely affected the buyer. If you are going for a Specific Relief Civil Suit, then you will need a good Advocate. If two or more affected persons like you make a combined one suit against the Builder, then you can share advocate\'s fees. Even advocate, will not object to it, for same civil suit more persons join, since complaint is against same party for the same cause.\r\n\r\nHere also, if you buy a good book on Specific Relief Act for a Law Book Stall, you can make a Specific Performance Civil Suit yourself (either alone or with similarly affected others) can make it, without an advocate.\r\n\r\n(3) I also suggest you to go to Town Planning Department (TPD) of Bengaluru Municipal Corporation (BMC), ask under Right to Information (RTI) application, to know the position of slow progress of your building\'s construction work. The TPD of BMC will inform you the reason for delay under your RTI application.\r\n\r\nEven for RTI application, you can get ample of information from Google Search or a Law Book from Law Book Stalls in Bengaluru.\r\n\r\nIf you simultaneously make application to TPD of BMC and Consumer Court, by the time your application to Consumer Court comes for hearing, you will also get some information on your building\'s construction work progress from BMC, under RTI. This RTI information you can use it at your Consumer Court hearing.\r\n\r\n(4) When all (1) (2) and (3) do not work, then for cheating in the construction work, under appropriate sections of Indian Penal Code (IPC), you can make a complaint against the builder, at local Police Station. Here, you will have to pursue your complaint from time to time, for its progress at different levels of Police, like, Deputy Police Commissioner (DSP), Additional Police Commissioner (Addnl SP), Police Commissioner (PC) or Superintendent of Police (SP) etc.\r\n\r\nTo know under which section he can be charged under IPC, you may have to buy a \"Hand book of Criminal Major Acts\", in which IPC, CrPC (Criminal Procedure Code) and Indian Evidence Act are given. This book is available with Law Book Stall at Bengaluru.\r\n\r\nAlternately you can hire an advocate. It is my experience that these advocates are often approached by the builders, and may make your case so light that the Builder may escape by paying only Rs10,000 fine, which is not at all a burden for him.\r\n\r\n(5) Recently Govt of India has passed Real Estate (Regulation and Development) Act, 2016. This act some State Governments have made their own act, based on Central Government\'s Act. \r\n\r\nPlease find out from Public Relation Officer of Vidhan Soudh, Bengaluru, whether this act or any such State Act is applicable to Karnataka State. If it is applicable, then your Builder has no escape. You can simultaneously prosecute him under Consumer Court and this Real Estate Act.\r\n
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