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Checklist for buying flat from builder

1. Original copy of your agreement with the builder 2. 7/12 extract or property register card of the land under construction 3. Index II extract of your agreement with the builder 4. Copy of N.A.(Non Agricultural) permission for the land from the collector 5. Search and title report (with the details of documents) for the last 30 years 6. Development agreement between the owner of land and the builder 7. Copy of order under the Urban land Ceiling Act 8. Copy of building plans sanctioned by the competent authority 9. Commencement certificate granted by Corporation / Nagar Palika 10. Building completion certificate (if available) 11. The latest receipts of taxes paid 12. Partnership deed or memorandum of association of the builders firm

Compensation in Delay of Possession of your Apartment


Increasing demand for Property in India, cut down in interest rate and easy registration process has attracted more property buyers to invest on their dream home. Today real estate is one of blooming industries and demand for property is increasing day-by-day. There are number of builders and developers in city who offers or promise list of amenities and special features to attract prospective buyers. But there are some builders or developers who delays completion of project and delay handover of apartment. There are property buyers who say his/her flats possession has been delayed by six months or more. Even those of reputed builders-get delayed unexpectedly. Consumers finally have got a voice and a forum to air their grievances. Using consumer courts, citizens have been able to get back their money from sloppy builders, dishonest shop keepers, shady sellers of all kinds, and even from Government organizations such as the railways, bus companies, and so forth.

Consumer Protection Act


A consumer after is one who buys goods or services with his hard earned money. In case of delay, the builder is liable to refund the amount paid with interest (for the period of delay) as there has been a breach of contract. A promoter, who constructs or intends to construct such block or building of flats, shall specify in writing the date by which possession of the flat is to be handed over. Default would attract penalty under both Consumer Protection Act and the Flat Act. The builders are careless about compensation because there is no real estate regulator yet. A consumer doesnt want to get into a legal tangle and just wants his flat in hand. Builders take advantage of this helplessness. Using consumer courts, many citizens have been able to get back their money from sloppy builders. But many consumers also lose their cases in the consumer forums because they have not followed some important rules about filing their cases. The most important rule that every consumer must follow is to get a bill or receipt for whatever

he buys or payment made. The Consumer Protection Act also empowers the courts to penalize consumers when they are at fault. There have been cases where consumers have been caught filing false complaints for gain, and they have been asked to pay up money to the opposite party.

Compensation agreement clause


Often, builders have an agreement clause that assures buyers a daily damage for delayed possession, but few buyers, if any, invoke it. Recently, the Maharashtra State Consumer Commission directed a developer to shell out Rs 20 lakh at the rate of Rs 2,000 a day for a delay in giving possession. It is a rare case in which damages per day were claimed, and given. The developers contention was that the old building was in ruinous condition and was on marshy land, which required piling work for about six months to make it strong. But, State consumer commission ordered builder to pay compensation and stated that builder problems cant justify delay.

Points to Remember

Property buyer can present their own cases in consumer courts and do not need to engage a lawyer. A consumer or the property buyer must file their complaint within two years of the dispute arising, after which it becomes outdated. A written complaint, can be filed before the District Consumer Forum for pecuniary value of up to Rupees twenty lakh, State Commission for value up to Rupees one crore and the National Commission for value above Rupees one crore. The builder problems cant justify delay. Default would attract penalty under both Consumer Protection Act and the Flat Act. Every consumer must get the bill or receipt for whatever he buys or payment made. Often, builders have an agreement clause that assures buyers a daily damage for delayed possession. Ensure your agreement includes agreement or compensation for delay in possession.

1) Builder is asking for undertaking for Parking As Builder is not authorised to sell the parking, the given undertaking for Parking is of no use and he cannot claim any parking based on this undertaking because all parkings are belongs to Society & not any Individual. The parking will belong to the society only when the conveyance deed is made. Till such time the land will belong to the builder and if we give the undertaking he will not allow us to park within the premises. Please note the undertaking says that we do not want parking and will not ask for it in future from the society and the builder. please read clause 25 of agreement. 2) Wing D & E wing is under construction D & E Wing is under construction & builder intentionally prolonging construction work. Even in regular terms, he will take at least four to five months. Please note he is delaying the construction till March 2013 as after March 2013 we forfeit our rights to file a case

against him. A consumer or the property buyer must file their complaint within two years of the dispute arising, after which it becomes outdated.

3) OC will take more time OC will obviously take much more time because of pending construction and other formalities with Municipal Corporation. Please note the CC for the plot where our building stands shows that there is also a row house G+1. Even in the layout plan there are 2 villas within our plot. Once all this is completed OC for the entire plot will be given. The builder is lying to us regarding OC that he has applied for it.

4) Possession letter will take more time Considering Point number 2 & 3, we will have to wait for the actual possession letter long and long time(minimum 2 years for everything in our plot to be ready ). Currently, the builder may not give you a possession, as he may ask a letter from us stating that we are ready to stay without xyz or he may only give soft possession.

5) Podium Garden Builder has also not taken any consent from us before constructing podium garden / additional parking. Due to this podium garden only all this issues created. Because of this podium garden, all the privacy of flat owner of 1st floor garden facing has come under scanning(There is a clause in the agreement which states that the builder can change the plans and build additional structure like the podium parking and we should not have any problem. If it is adversely affecting us then we can take action against the builder. This depends on the people who are staying on 1st and 2nd floor.). So, can we force builder to demolish the podium garden and provide us the amenities as agreed in the agreement only?. We can do this only through legal course. There is vacant plot outside our layout plan. There he may be planning to build some commercial building. He may sell the parking to them. The same thing happened to the 1st building that came up in Nirmal lifestyle. But there the builder gave the parking to the residents for free, but as the land was not conveyed to the society the builder sold the parking to the shops in the mall. Now the residents have to park on the road.

6) Bank Guarantee For the all the agreement which has been made before April 2010 has to give Bank Guarantee @ 5%. What I understand here is that we are having option to give one letter ( Bond ) stating that we will pay the amount whenever required by concern authority. So, if we have option then why we stuck our money with builder? This BG can be withdrawn only on receipt of final order from MCHI or only on forming / registration of Vasant Fiona Society. Both things are uncertain & we dont know how much time it will take. It may take two Years, it may take Four years or it may take Six years. So, why not we are going with option number two.

7) Builder is planning to build wing F As we came to know that builder is planning for Wing F where he is going to sell parking based on the undertaking given by us. Even though builder is planning for new wing & planning to sell parking; a) Builder cannot sell any parking as per the law b) Even though he is taking undertaking, that undertaking are meaningless as same will be taken without any base

c) Further, the purchaser of flat in wing F, might be aware of law of parking and reject to given any parking charges ( This is just assumption ) d) What I also feel that builder cannot impose wing F to be consider under Vasant Fiona Wing A/B/C/D/E. We might be having rights to deny it coz I feel that builder is to submit the Plan and take approval from the Municipal Corporation and post approval the construct a property. So, while constructing wing A/B/C/D/E he might have taken approval for wing same wings only. Also, while selling the flats from existing wings, he has not shown any such things in the given plan. The Supposed F wing is outside our plot. The builder can do things as I have mentioned above.