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How to identify fake documents by builder?- Property hotline
Posted
December 14, 2016
Views
4,299
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30
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December 14, 2016
4,299
30
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0.77%
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9:18Now PlayingExpert: Aditya Pratap, Advocate, Bombay High Court.
Question: I booked for the flat in December 2010 for SB-16, by paying the advance amount and subsequent payments were made. When making the second instalment, as per schedule, the builder refused to accept the cheque. Later on it was informed that the concerned staff had made typographical error and the rates were wrong. I asked the builder to relieve me out the contract, which the builder was not willing to do without with-holding the payments made until then. There was a delay of more than 3 years by the builder and now the builder is likely to handover the flat after hopefully rectifying the observations made by me. Is there any chance of the builder faking the registration document lying with him for so long as this was refused to be handed over to me? How to verify that the documents are genuine? I also need the builder to pay me the penalty interest for the delay caused by him and lost opportunity of not releasing the document to me for investment in business. I have the email communications for all the above mentioned incidents. I need legal guidance on how to approach the problem.
Answer: Every registered document is the public document which is available at the registrar maintained by the registrar of assurances. Under section 59 such agreements are publically searchable documents, the concerned person can easily go to office of the sub-registrar pay a nominal fee and inspect the entire register pertaining to that builder. If the builder has the any fake agreement then you can get that real ones from the registrar. If there is problem with the possession then it goes under section 8 and 9 of MOFA. Promoter cannot mortgage or create charge after execution of agreement. Promoter should refund the money with simple Interest at 9% p.a. Buyer should demand refund in case of delay in possession. File a case in the consumer dispute redressal commission. Claim compensation for delay in delivery.
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