Mentally harassed by builders commitment
Hi, I need some legal opinion regarding a flat booked in Bangalore. The construction of the flat was started in 2012 for two blocks A & B. The Block A has been handed over to customers but Block B is still under construction. I had booked a 2BHK flat of 875 super built up in Block B in July 2015. Flat is still unregistered in my name though have made the full payment, I have sale agreement and construction agreement only. Builder promised to handover the flat within 6 months from agreement date but still in vain. Currently the building stands with slab work of 4th floor, brick work finished for most of the flats except for few flats in 4th floor (this is my approx assumption). The building has 175 flats in total and has been divided into 2 shares: 60% builder (105 flats) and 40% landowner (70 flats). Of landowner share, the builder has sold 11 flats. My flat comes under the landowner share and when I spoke to the builder regarding this, he said that they will speak with the landowner or will get it allotted in other floor. But again this is in vain, we are roaming for this since 2 months or more. Builder says they are working on this and will definitely come with solution. Also, I have come to know that now landowner is asking extra amount from each 11 flat owners to release the flat and give NOC so we can proceed for registration.
Q1. How can I get my flat? Can I pressurize builder for registration of the flat as while booking I had never seen the landowner's face?
Q2. What should be my plan if they ask me to take bigger dimension or smaller dimension flat as they will say that most of the flats has been sold or my earlier dimension flats are not available?
Q3. If the builder runs away how to deal this case with landowner?
As per current scenario, the builder says that he does not have money to complete the construction and has lifted his hands up. Also, when we went to see the MD of the company they said that he cannot run the show anymore. Hence, it has been taken over by few committee members who are signing on his part. All these things are verbal and they cannot put on paper or press. These committee members are ready to handover the construction to landowner and give NOC from their side so that we can introduce any third party contractor and finish the construction. Otherwise they can finish if all of us are ready to spend (undeclared) extra amount over to our flat cost. Also, they say if you cannot pay then flats will be as it is now. Landowner is also on the same page with the builder and when we asked him to spend for his flats he clearly said no as he has given his land to the builder for construction. Also, landowner wants his share to be clear before any kind of construction resume even if we are ready to shell extra amount from out pockets. Similarly Builders are also not even completing the BESCOM and BWSSB works for our flats. We are ready to hire some strong lawyers who can help us in this fight.
Q1. How can we legally bind them? What is the scope if we approach consumer court for this?
Q2. Any comment on this point, does the landowner really need not spend any extra amount if the builder leaves the work as it is; because in our case then landowner will make crores and we will spend crores for him? "Landowner is also on the same page with the builder and when we asked him to spend for his flats he clearly said no as he has given his land to the builder for construction."
Q3. Our stand with builder for BESCOM and BWSSB, what shall we do regarding this? When we approach these two units as individual they are asking for bribe to complete these, which is very common in India :(