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SMy family has been going through an extremely difficult time for the past few years. We invested all our hard-earned money into buying a 2BHK flat, which cost us around 30 to 35 lakh rupees. My father paid the full amount directly to the builder, and the flat was registered in my mother’s name.
At first, the construction of the flat began, and it even reached the third floor. But then the builder just disappeared. He had used all the money for himself and never completed the project. We were left with a half-constructed building and no answers.
We filed a complaint in RERA (Real Estate Regulatory Authority), and after a long wait, the first decision came in our favor. The judge ordered that the flats be handed over to the rightful buyers. However, since the builder vanished, we had to file an execution case to enforce the decision.
That’s when the delays really began. We’ve been stuck in a loop of delays and court dates for over 3 years, fighting nonstop to get justice.
Recently, things took another terrible turn. The landowner suddenly stepped in and started interfering. He now claims that the builder breached their contract and is demanding full ownership of the land. He has even filed a petition in the civil court to cancel the builder’s rights and take full control of the land himself.
This has created a whole new legal battle for us. While we continue to fight our case in RERA, now we also have to appear in the Patna civil court. We’re mentally, emotionally, and financially drained.
Our request to the RERA judge is simple: since the original builder is not showing up, please appoint a third-party builder to complete the construction. But the landowner’s lawyer is strongly objecting to this. We believe he is either trying to delay the case further or is simply not interested in letting any builder complete the project.
We have the agreement between the builder and my mother, and we also have the agreement between the landowner and the builder. But despite all this documentation, we’re now stuck in the middle of this legal tug-of-war.
We don’t know what else to do. All we want is the home we paid for the home loan. EMI is going at the same time living in rented house We just want a place to live—a flat that was supposed to be ours years ago.
If anyone has gone through something similar or has advice on what we can do, please let me know. We’re desperate for help or any kind of guidance.
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AThe question is who is going to pay the third party builder ? What incentive will he have to complete the construction since you have already paid the full amount to the last guy who is now absconding.
Did you try to get the order against the builder executed ? Have you approached the High Court ?
If nothing else works, you might have to approach the NCLT to get the matter resolved through insolvency to recover your money.
What about the owners of the other flats ? Try to organise them together so that you can share legal fees.
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SSo about the third party builder, we have to pay the extra amount and he will complete the remaining construction. Second thing. There has to be some ratio in that of fixed ratio by the owners that will give me some maximum portion because landowner has the maximum portion of the flat right now, so that’s why he’s not Wanting third-party builder because you have to give the maximum amount . About any kind of fraud or anything happened to real estate land or even flats, this came under Rera, so my parents can’t appeal in High Court for this . My parents have already filed the execution against the builder, but for that there is we have to file another case something called execution and now the process is got delaying in this execution process because landowner lawyer is intervening
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WSo what i read in a similar case in Punjab was, 3rd builder was appointed.
Initially only 12 floors were planned per building, but now since FARs were relaxed, they got permission to build 25 floors. All original flat owners got the flats while the new builder recouped their costs by selling extra flats.-
SYes, this is how it works, but the landowner now doesn’t want it because the development agreement between landowner and the builder is expired now, so the landowner has gone to civil court that he wants the full authority of the land and the building and everything, but as a buyer, we have when we file the case in civil court saying that no, we have buy this house in that apartmentSo civil court is not going to rule in landowner.
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LIf this issue has happened to you, it has probably happened to others as well. Does the builder have other properties or assets too? If you can gather a group of other flat buyers, you can file for insolvency.
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SCurrently, we are four people like total of four buyers in past. He has completed all his projects, but now he is not completing any of this
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SOkay, I will do that, but could you help me to know what is NCLT because I can understand, but it’s really difficult for me to make my father understand this so if you can let me OR at least provide me source where I can know that and how it works, it would be very great for me
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LSo the NCLT is a company law tribunal. If you meet the threshold under the Act, you can file for insolvency. The builder and his company (and the assets of the company) would be moved into a pool. You as the home buyer would be a financial creditor. That is you would have first right over the assets. An independent person (RP) shall try and revive the company and the construction of the building. If this is not possible – he will liquidate the assets (such as raw material at the premise, sale of land etc) and the proceeds would be distributed amount the financial creditors. There will also be a moratorium (stop) on all other disputes such as the civil case of the land owner. He would need to file his claim, if any with the RP.
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SThis is going to be a long legal battle, a builder of a stand alone apartment did something similar near my house. He sold his share and has absconded after half completing his project. The landowner pulled a similar stunt and laid claim to the whole thing. The buyers filed the necessary legal cases and started negotiating with the land owner at the same time. One of the buyers was an influential former Naval officer and was able to trace the builder with the help of Cops and some private agencies. Somehow these buyers were able to threaten that guy and get half of their money back. They have not withdrawn the cases as he has not given the amount required to complete. Things are still going on in court and the landowner too does his gundagardi with the owners. The owners are hoping they will get some more amount back and they can finish off the flats with a new contractor.
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AWho pays full amount before possession ? Is it a Bihar thing ?
Your other options will be to spend some money to find the builder and threaten him somehow-
SWe didn’t paid the amount, but maximum like remaining of 4-5 lakhs is remaining, but other than that we have paid all the amount, not be, but actually SBI we have Samsung and our home loan through SBI so builder takes the loan amount directly through SBI not from us
Second thing builder is not moving anywhere. He is here, but he doesn’t have any money now, so he has already said that if you want to kill him, kill him or if you want to him threaten him, he doesn’t have any money so he can’t do anything now-
AHe doesn’t have any property that he can sell to recoup some losses ?
I hope some lawyer provide a good way forward but seems this will stretch for a while given the landowner interest and seems he’s another POS. Have you tried talking to SBI if they can put hold on paying off loans until this is sorted. ??-
SYeah, we have already talked to SBI, but he have already got the maximum amount from the loan
And no, he doesn’t have any other properties. We have already gathered so much information about him, but we can’t really do much about him without law. There are other ways that through illegal ways they can actually try to take him, but that is not gonna work.
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CEveryone knows Our judiciary system the less said the better. See it like this: your accident happened when builder defaulted. Forget Rera order it’s not even worth piece of paper it’s written on. Accept your losses.
Get other homebuyers together to form association. Pool in money to complete rest of the project and get a contractor to do it under suervision of your association. Try to have a solution oriented discussion with land owner.
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SThat’s the problem. We tried this method to because eventually to the third party builder, we have to provide some money, but the landowner is saying in this matter that no he is not giving a permission to do anything. Second thing if we whenever we try to talk to him, he start to saying like that. Did you buy this flat from our permission And starts arguing with us and everything so he want nothing but his land he doesn’t care about if anybody invested their savings or anything.
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EYes you did buy with his permission. He had made an agreement with builder to sell the flats from the builder share to you. File a case on land owner also if he is being ridiculous. If the land value has appreciated decently, you could go for demolishing and sell the land and get your money back. But whatever solution you find, land owner has to agree. Otherwise, there is nothing to do unless he dies naturally and his next generation is sensible. But for people like this, their next generation is worser
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DDon’t pay any more money. It will go down a blackhole. Wait for the dust to settle and try to get as much as of your original amount, expenses and interest if possible. This won’t be resolved soon and whatever you get is a bonus.
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SNo, we are not paying any kind of money, but now where our money is going, the fees for the lawyer attending two different courts living in rent paying EMI of the house
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SOnce my friend advised me that if you have to pay 10L extra for ready to move in apartment then pay 10L extra because most of these builders are scammer, there are countless societies in Greater Noida which are unfinished and people who bought them are stranded for over 7-8 years.
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Swe actually brought this by checking it’s past projects and he is very consistent with all the projects, but before this project he hired secretary, which is a girl and then you can know what may have happened, and by the way the builder was married and having affair with this and he spend all of his money on that girl and that girl literally took all the money and just used in on herself and yeah, it’s very hard to watch that our money is going. Someone is literally exploiting that.
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MNot legal advice, but is it possible that the landowner and builder are acting together? This new case by landowner can be a calculated tactic. It’s possible that the deed transferring the property to the builder was purposely made with defects so that the landowner can retain a claim to the property.
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VWhy did you invested in a property where the builder was just a middle man.
The land owner owns the land then how come payment was done to builder? How did the loan gor approved and then EMI being transferred to builder being the third party here.
The authentic and legal transaction should be you paying the land owner and getting the registry on your name and then builder should have been hired or paid to complete the transaction.
File a case against builder for cheating and get a stay on land before the land owner sells it again to some influencer person.
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SThis is not how it works generally builder borrow a land owner, land in terms of giving him some share OR, for example, if he constructed 16 flats in his apartment, four of them is going to give to the landowner and that’s how it works They make agreement on this
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VMay be in Bihar
But Here the agreement is made first then when the lenter of each floor is done, the builder gets the registry of the floors which they settled for on his name and then sells them to individuals.
How can i pay to builder when he owns SHIT?
I don’t care about their agreement and what terms and conditions they settled for, i only pay to the person on whose name the registry of flat is.
Even banks here check who owns the property then loan amount is transferred to that person name.
Recently, my friend bought a builder floor and he took the loan from ICICI, however to save stamp duty he asked to do the floor registry on his wife name. As the cheque of loan amount was on his name but on registry documents the name was different, bank person immediately denied, then he has to get the name on registry changed to his.
Builder is just a middleman in your case how can you pay him if owns nothing currently, agreement has no value when you are not part of that agreement
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MA. If the builder doesn’t own the land then you have zero stakes here.
B. Or if the owner and builder made some transfer of property, then tha’ts the document that you need to see, to get a control over the owner.
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SNo, if specifically speaking the where I live, this is how it works, a person or a builder make a development agreement to the land owner in which the builder is going to construct for example, 16 flat apartment and for about five floor apartment, so between landowner and builder development agreement, it says he is going to give him first floor and second floor to the land owner, which the land owner also agrees remaining three floors, builder is going to sell that and two floors that are given to land owners. Either he can sell that or he can put that on rent.
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MI hope you see the grey area here.
Do you think it is coincidence that most builder floor or owner floors are the top floor of such building anywhere in India? You see my point?
If the owner and builder gets top floor they are forced to make other floors to get their’s. They cnt just stop the construction bc they dont feel like dling it according to their whims and fancies.
The only solution that make sense now is do some negotiation with the owner and get your floor built.
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MSo I have found something for you.
Gp through this link fully and completely. And then show this to your lawyer. You need to file this case with the consumer fprum against the builder and the owner jointly it seems.There is a precedent from SC. You will get justice.
Landowners And Builder Jointly Liable Despite Revocation Of Power Of Attorney: Supreme Court
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YStop paying the EMI, if the bank starts harassing you, you can tell them to go fuck themselves, they will send 3rd party recovery agents to harass you, transfer all properties which are in your mothers name and close every fixed deposit, file an insolvency, you can also ask your lawyer to file an appeal in court to halt EMI payments to banks, until the matter is solved(i doubt the court will entertain this) but once the EMI’s stop the bank will somehow trace out the builder and do something about it
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SI have already knowing two ways either I can go to the court and wait for that. The second thing I can do is we already know where the builder is so I can talk to a police officer who is who is actually a inspector so he can, if I lodge a complaint or file against him, the builder, then the inspector can go and grab him from their place, and we can sort this out through some illegal ways, but definitely the Police will take some commission from her to. We are not currently doing that because our court, next hearing is soon, let’s see what will happen
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NHere is a news article on a very recent court judgment on a very similar case
[Free press article](https://www.freepressjournal.in/mumbai/tribunal-rules-in-favor-of-homebuyer-in-mumbai-project-stalled-since-2014?utm_source=chatgpt.com)
I used chat GPT to find the articles. You could continue to find more details with this chat gpt thread [link](https://chatgpt.com/share/68058e7e-51b8-8002-a211-0143a533bd1a)
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RThis is pretty much gone case. You can continue to fight but since builder vanished, there is not much you can do. It’s unfortunate but better to accept the reality . I know it sounds harsh but it will be just like this for years. Court cannot appoint any random builder to complete it. Even if it happens, new builder is not gonna do it for free. Plus landowners is gonna create ruckus because he/she sees this as an opportunity. They have nothing to loose here.
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MIf you have taken a loan of the flat then the amount from the bank would only be released in tranches which would be per each slab, finishing works at 2 stages and final be upon obtaining an occupancy certificate. You can ask the bank to withhold any further disbursement and request a moratorium on your EMI payment in the circumstances for a couple of months. Meanwhile you can file a MP with RERA and request that the order be extended to include the land owner, since he was the builders partner by arrangement. Then you can produce that order in civil court and get the land owners petition dismissed. Then you can find another builder and direct the remaining disbursements towards them and complete the building for cheaper than fighting everywhere without having the property in possession during the while.
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EWe were exactly in your situation from 2014 to 2024. We purchased in a building that was due to handover in 3-4 months. Mostly cosmetic works and lift / transformer works were pending. Suddenly builder disappeared. Since most of the works were done, if all the flat owners invested like 5L each, pending works would be completed and we can all move on. But the land owner got 4 flats for his share and he wasn’t ready to spend even a penny. Even others came forwarded to contribute for his share and requested to give that money back to the other flat owners, when he sells his flat and gets money from it. Yet he declined. There was nothing we could do. After 10 years, he wanted to buy our flats himself and finish the project and keep the building for himself. If the market rate was 60L, we got 50L even though we invested 30L 10 years go. So it wasn’t too bad at the end but 10 years of trauma is not equal to any money. Through out these years, there was never a legal case filed coz we know its not going to solve anything. Thankfully, we got lucky and we got our money back along with some profit. I wish you come out of this situation.
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EHello, I am in a similar situation as well. Can you please tell how did you get hold of the builder and how he agreed to buy back the flats. Also, did any of you try registering a complaint with RERA or Consumer court??
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