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Since 1st March, 1999
 
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Q & A

I had bought a flat in Westwind, a 360-flat residential complex on Raja SC Mullick Road, in 2005. The promoters had promised us regulated gas. But in spite of paying additional money for the facility, we are yet to get piped gas. Several requests to the promoters have gone unheard. What should we do? Is there any way we can claim compensation for the delay?

 

Kanta Chatterjee, Raja SC Mullick Road

The following is the promoters’ response:

We had handed over the project around December 2005 after installing the entire gas system. HPCL is the system provider. It will supply the gas and maintain the system, according to an agreement to be signed between the company and the residents’ association. The agreement is being drafted.

We need a no-objection certificate from the chief controller of explosives, Nagpur, to start the system. We had got a provisional certificate from Nagpur.

After that, after which we submitted an application for an NOC from the South 24-Parganas district magistrate to help us get the final certificate from Nagpur.

Although we had applied to the district magistrate in April 2005, it was cleared one-and-a-half years laters, in December 2006, after repeated requests from us and HPCL.

HPCL has forwarded the NOC to the explosives controller in Nagpur. HPCL has informed us that the controller has sent the certificate and it is expected any day.

The NOC is in HPCL’s name.

We had to revitalise the gas installation recently as it had been lying idle for a long period. The exercise cost us a few lakhs.

I had bought a flat in 2004 but could not register it because of financial problems. I started the registration process few months ago. But one of the three landowners is unwilling to sign the document because to differences with the promoter. What should I do?

Ankan

Registration is not possible without the landowner’s signature. You can file a suit for specific performance (deviating from contract) in court, which may confer authority on someone, making him eligible to register on behalf of the promoter.

As it is evident that the landlord is not honouring the agreement, you can also move a consumer court or any authority under the promoters’ act.

The registration is done by the registrar of assurance.


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Sambit Saha, Business Telegraph, ABP Ltd,
6, Prafulla Sarkar Street, Calcutta — 700001

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