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Yes,you can approach the Consumer Forum for refund of your money together with interest and compensation for the delay.
I booked a flat in 2006 with Parsvnath Developers in their Parasnath Privilege,Greater Noida and paid an advance and subsequently two payments. They entered into a flat buyer agreement under which they were to deliver within 3 years which was not fulfilled. They said later that the project would commence soon and will be completed by March 2012 and issued me a demand notice which I have not paid as I do not trust them. Can I file a case against them with the Consumer Forum ?
Pawan Kumar Himatsingka,New Delhi
Yes,you can approach the Consumer Forum for refund of your money together with interest and compensation for the delay. Send the builder a legal notice demanding refund,interest and compensation and if he refuses,file a case in the Consumer Forum.
We lease-purchased an industrial plot in 1992 from MIDC in Pune and registered it with the local sub-registrar in 1994. While taking a loan,we asked the sub-registrar to send the documents to the financial institution. After payment of the loan,we found that the sale deed was not sent to the institution. On approaching the sub-registrar,he simply put his seal on a photocopy of the deed and gave it. We have proof of payment of stamp duty etc. Can the copy substitute for the original? Is the title clear? Please advise.
Name withheld on request
You do possess all the rights to the plot in question. I would advise you to further take a letter from the sub-registrar that the original has been misplaced by them. Secondly,have a public notice issued by an advocate in two local newspapers inviting claims and obtain a certificate from the advocate after the expiry of the time limit for submitting claims to the effect that no claims were received.
I am assuming that no claims will be received. All of this plus the copy of the deed certified by the sub-registrar will be required to ensure you do not face problems in future if you wish to sell or mortgage the plot.
Can a builder charge maintenance fee if the project is only partially complete? If a society has been formed during this period,can it charge the builder for selling flats?
Umesh Nayak,Mumbai
It is not right to charge taxes till occupancy certificate is received though if you are residing there,it is difficult for you to argue that no maintenance is due. The society cannot charge money from the builder for sale of the flat. If partial occupancy certificate has been received,maintenance charges and taxes are chargeable. l
Expert is a CA and Mumbai based real estate consultant
For queries on real estate,please email us at estatesexpressindia.com
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