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Compensation for my sold flat due to builder


Compensation for my sold flat due to builder

Last updated: November 5 2008
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  • Compensation for my sold flat due to builder

    I registered a flat in Pune for 10 Lacs in 2005 Oct. Builder got permission to construct building in the month of September '05 and called me for registration on 6th Oct 05 and unfortunately he got stop work notice for muncipality. But ICICI gave loan on the basis of docs provided by builder which were wrong according to procedure. Builder gave possession in the month of June 2006.I was asked by Zensar to move to Hyderabad from Pune for new project and shifted to Hyderabad in September 2006. I posted an ad in internet. Based on that, one person approached me for the flat. We (myself and client) decided to register the flat (for 15 Lacs) on 19th Jan 2007, I travelled from Hyd to Pune and asked builder to give sanctioned plan. He gave plan but used the sketchpen and marked as 4th floor on the 3rd floor plan.

    Client's lawyer informed me that the flat is of illegal construction and he should not use any sketchpen on the plan. We (client, myself and lawyer) approached builder and atlast found that builder got the stop work notice from Muncipality. After meeting with builder, he (builder) accepted to handover the Documents like Sanctioned plan and latest NOC by 31st march 2007. But he handed over the sanctioned plan in the month of Nov 2007 and he demanded huge amount for NOC.

    The gap of 11 months( ie Jan '07 to Nov '07) for planned registration and new registration date, has put me lot of troubles. I used to call builder for the docs and faced lot of mental harrasment due to builder. I gave possession to client without any rent ( ie Jan '07 to Nov '07). That time rent in that area was Rs.6000 p/m. Client stayed in the flat for 11 months for free and even never was interested to pay rent.

    Atlast in the month of April 2008 ,buidler gave new NOC after taking Rs.40,000. I was relieved from these problems.Atlast I sold the flat for 15Lacs only due to bond between client and myself.

    My point is,in jan '07 the rates of flats in hyderabad were around 18 lacs. But due to this problem I could not plan for new flat in Hyderabad till April 2008. Now even I cannot plan for flat becuase current rates are around 35-40 Lacs. If the problem was rectified in jan 07, I could have planned for flat. I have proof of Sanctioned plan sketched by himself for fourth floor. I have a voice proof when demanded for the amount for NOC as I recorded in my mobile.

    Please tell me how to get compensation for the gap of 11 months delay in providing the sanctioned plan. Becuase of this till date I have no shelter and staying on rent.

    I would like to take action against builder for this delay.
    Builder name is Vinod Kachare. His office is beside Niranjan complex,Sus Road,Pashan,Pune.


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