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Archive for the ‘Consumer Act of India’ Category

What is the normal procedure for filling a case in consumer court?

Posted in atoneplace.com, Bangalore, banglore, Builder, Buy Real Estate, Consumer Act of India, Consumer court, India, Indian Property, Indian Real Estate, Karnataka, Possession, Property Registration, Real Estate, Residential Property, Sale of Properties on June 30, 2009| Leave a Comment »

Question asked by Mr. Surya Mishra from Bangalore :

Hello, I am thinking of buying a property in Bangalore, but horror stories from people have scared me so long. I need some advice regarding various scenarios faced by my friends and how to resolve them.
1. The builder arbitrarily scraps the project and refuses/delays to pay back the amount. The usual answer is going to consumer court. But please be more specific. How to go about consumer court? What is the normal procedure? How much time and money do I have to spend over there? What kind of paper work is required?
2. The builder changes the layout plan. The swimming pool is smaller, no tennis court, no fountain, children playing area is smaller.
3. Builder completes the project but is not completing other facilities (swimming pool, land scaping, club house)
4. At the time of possession, builder is charging exorbitant amount for maintenance.
Thanks
Surya Mishra
Bangalore

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Is A POA Sufficient To Execute A Sale Agreement?

Posted in Agricultural, Agricultural Land, atoneplace.com, Bangalore, banglore, Builder, Buy Real Estate, citizen of India, Consumer Act of India, India, Indian Property, Indian Real Estate, legal, Possession, Real Estate, Real estate legal india atOnePlace.com, Registration, Residential Property, tagged , , , , , , , , on March 4, 2009| Leave a Comment »

Question asked by Mr Vasudev Rao:
Dear Sir / Madam, I am planning to purchase a flat in Bangalore. The developer has built 8 flats on a land – and selling one of the four flats owned by him. This is based on a POA, issued 2 years ago from the owner of the land to the developer.
Is this POA sufficient to execute the sale agreement? One of my friend suggested to get an affidavit from the owner for current date – stating that the POA is still valid. This affidavit is difficult as the owner is in foreign country and very old man. Please advise if this POA is sufficient or affidavit is a must.
Appreciate your quick response
Vasudev Rao

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Can A Society Deprive A Resident From Using Parking Space?

Posted in atoneplace.com, Builder, Buy Real Estate, citizen of India, Compensation, Consumer Act of India, Consumer court, India, Indian Property, Indian Real Estate, Possession, Property Registration, Real Estate, Real estate legal india atOnePlace.com, Record of rights, Registration, Residential Property, Sale of Properties, tagged , , , , , on March 4, 2009| Leave a Comment »

Question asked by Mr Brijesh Vora:
I have purchased the Flat and the society has been formed thereafter ( apprx after a year). In a society’s first meeting, the society has allotted the parking space to the members for a sum of Rs. 50000/- . However, I could not get parking space open as one of the space identified for me by the society has been objected by other member who has purchased stilt parking from the Builder saying that it is right opposite to my parking space. The other member has got 2 parking of which one is stilt and other is open. There are other members who has got parking space but does not have vehicle.
Society is now not allotting the parking space to me even though I have agreed to Pay Rs.50000 and also ask for parking in right first meeting of the society after formation.
What are the rights I have to claim from the society
1. Can society deprive me from parking
2. Can I ask society to take away the parking from member who has 2 parking i.e. one stilt and one open
3. Can I use the parking for which one member is objecting but feasible
4. Do other member has to surrender the parking as they have no vehicle
5. Can I file suit against society
Please advice me in this regard I shall be thankful
Regards
Brijesh Vora

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Does A NRI Still Have Right On The Property In India?

Posted in atoneplace.com, Buy Real Estate, citizen of India, Consumer Act of India, Consumer court, India, Indian Property, Indian Real Estate, Non Indian, NRI, Property Registration, Real Estate, Real estate legal india atOnePlace.com, Record of rights, Registration, Residential Property, Sale of Properties on February 20, 2009| 1 Comment »

Question asked by Mr Sangeetha Heblera:
Hello I used to live in India about 15 years ago. My husband and I had purchased a flat and lived in it for about 6 years.We then moved overseas but did not sell the flat. A friend who is a foreigner asked if they could live in it while we were away and as we were not sure of how long we would be overseas we said yes.Now we are citizens of this country. We want our house back in India as we would like to sell it. Do we still have the rights that an Indian citizen would have regarding this.I would be really grateful if you could reply to my query.
Thanks in advance.
Sangeetha Heble

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Can A Legal Action Be Taken Against The Builder If He Doesnt Meet His Commitments?

Posted in atoneplace.com, Builder, Buy Real Estate, citizen of India, Compensation, Consumer Act of India, Consumer court, India, Indian Property, Indian Real Estate, legal, Possession, Property Registration, Real Estate, Real estate legal india atOnePlace.com, Registration, Residential Property, tagged , , , on February 20, 2009| Leave a Comment »

Question asked by Ravi B. Singh from Kolkatta :

Hi,
I had purchased an apartment in Kolkata and made the full payment at one time. I was promised that the possesion of the flat would be given within 2 yrs but that it has been more then two years and still i have not been given possesion of the flat. Can i take legal action against the builder?
Thanks
Ravi B Singh

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What should be done if the developer doesn’t repay the money back?

Posted in atoneplace.com, Buy Real Estate, Consumer Act of India, Consumer court, India, Indian Property, Indian Real Estate, legal, NRI, Real Estate, tagged , , on July 25, 2008| 2 Comments »

Question asked by Shahul Hameed . A from Kuwait:

Dear Sir/Madam ,
I have taken your email ID from one of legal help blogs. I am a NRI working in Kuwait. I have paid around 6 Lakhs to one Builder in Bangalore for a particular project. No that project did not take place and the builder is not returning the money. If I call him he always asks for 2 weeks time. How do I get money back?
Thanks in Advance for your help.
Shahul Hameed .A

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What kind of legal action can be taken if the builder does not fulfill the promises they make at the time of the booking?

Posted in atoneplace.com, Buy Real Estate, Consumer Act of India, Consumer court, Indian Property, Indian Real Estate, legal, Real Estate on January 6, 2008| 2 Comments »

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Question asked by Mr Pankaj Shrivastava:

I have purchased a flat at Kalyan, Maharashtra. At the time of booking it was told that all the trivial issue would be taken care of however now they are backing out. Some of the issue that I’m facing is listed below please let me know what kind of legal action can be taken. For their safety they have no prints / brouchers etc.
Issues:
1. Irregularity in color shade of Bathroom tiles.
2. No night lamp point in Bedroom
3. No electric point for dining area
4. Electric point placed just beside the shower
5. Broken titles in Bathrooms and living room.
Mr. Pankaj Shrivastava

Property Registration Enforcement by Consumer Courts India

Posted in atoneplace.com, Buy Real Estate, Consumer Act of India, Consumer court, Indian Property, Indian Real Estate, legal, Possession, Registration on October 11, 2007| Leave a Comment »

Question asked by Mr Narayan Bhagavatula from Fremont, California:

Hi Vatsala,
My mother (75 yrs) has purchased an apartment in Hyderabad on March 21, 2006 , paid full amount and the seller and builder have acknowledged receiving the amount and my mother is in possession since March 21, 2006. But the Seller and Builder have refusing to register the property in her name. We have sent out notice to both 2-3 times. Can we pursue the case in Consumer Court ? Does Consumer Court have jurisdiction or powers to enforce the registration process ? I briefly read Consumer Act of India and felt it covers only movable goods and deficiency in services. I live in USA. I will appreciate any inputs from you.
Thanks a Lot.
Mr. Narayan Bhagavatula, Fremont, California