Need help from property lawyers

Community Forums Legal Advice India Need help from property lawyers

Viewing 2 reply threads
  • Author
    Posts
    • #9613 Reply
      Epiclion5252
      Participant
        E
        Epiclion5252
        PARTICIPANT
        April 23, 2025 at 4:39 am
        Hello people,
        My parents had bought 2 flats in Palghar, Maharashtra in 2014 (Not RERA registered, since RERA act was passed in 2016). The registration agreement promised us possession by 2016. The builder had 3 buildings (A, B and C wings of the same building in the same place) under construction at that time and had completed the construction of A and B wings of the flat and had given the possession to the buyers. We had bought 2 flats in the C wing of the apartment. The builder has not yet completed the construction of the flat. When tried to contact the builder, he initially started providing excuses that he had some delay in getting the raw materials and then he just kept declining our calls. Later one day, when we got hold of him from someone else’s phone, he asked us to complete the remaining construction work of our flat and get the possession ourselves. Now, we are unable to contact him as well.
        It has been 10 years since we have been trying to get the possession of our flat or our money back. The rental agreement says if the builder delays the possession we are liable to receive some penalty amount. We don’t even need any penalty amount, we are from a lower middle class family and would just like to get our hard earned money back. It is literally my dad’s entire life savings that we have paid for this flat. He is over 60 now and he can’t even afford to retire because he has lost his entire life savings.
        Since this not RERA registered, I don’t think we can register a complaint in RERA against him. Please give some suggestions as to what we can do to get our money back. Thanks in advance!

      • #9615 Reply
        Miteshbro14
        Participant
          M
          Miteshbro14
          PARTICIPANT
          April 23, 2025 at 5:31 am
          Depending on the price of the flat, you can either file a case in state or national consumer forum but it takes years to get a judgement though the judgement will eventually be in your favour

          • #9617 Reply
            Desiknight9081
            Participant
              D
              Desiknight9081
              PARTICIPANT
              April 23, 2025 at 5:41 am
              There might be a limitation issue before consumer courts.

              • #9619 Reply
                Miteshbro14
                Participant
                  M
                  Miteshbro14
                  PARTICIPANT
                  April 23, 2025 at 9:31 am
                  Oh. Then that is terrible

                  • #9620 Reply
                    Desiknight9081
                    Participant
                      D
                      Desiknight9081
                      PARTICIPANT
                      April 23, 2025 at 10:11 am
                      No Sir, Iโ€™m sure it can be figured out some way or the other. Especially if the cause of action is continuing.

              • #9614 Reply
                Brightseeker9869
                Participant
                  B
                  Brightseeker9869
                  PARTICIPANT
                  April 23, 2025 at 6:11 am
                  File the case in consumer court. Iโ€™ve had the opportunity to contest and later win such cases. Although Iโ€™m a lawyer based out of Delhi not Mumbai.

                  • #9616 Reply
                    Epiclion5252
                    Participant
                      E
                      Epiclion5252
                      OP
                      April 23, 2025 at 12:17 pm
                      How long was the case in court for? Also are virtual hearings possible?

                      • #9618 Reply
                        Brightseeker9869
                        Participant
                          B
                          Brightseeker9869
                          PARTICIPANT
                          April 23, 2025 at 1:18 pm
                          There is no definite timelines for these cases. It depends upon a lot of factors. It would surely take a couple of years to arrive at courts decision but sometimes builders approach complainants for settlement earlier.

                  Viewing 2 reply threads
                  Reply To: Reply #9615 in Need help from property lawyers
                  Your information:




                  Cancel