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LEGAL FAQS

Q: The promoter of our housing complex has not provided the completion and land conversion certificates though the flats were handed over in February 2012. He had taken interest-free deposits at the rate of Rs 10 per sqft for one year, that is, till February 2013. According to the registered deed, he was supposed to hand over the administration of the building to the association after a year and refund the security deposit. He did the former but has paid only 70 per cent of the security deposit. He has not got the association registered either. Can we seek legal help in getting the certificates? Who should we approach? Can we get compensation for delay in getting the certificates? Can we claim interest on the security deposit from March 2013?

Vijay Kumar, via email

A: The flat owners could jointly send a legal notice to the promoter addressing the issues and demanding compensation for the harassment and mental agony faced by them. If he does not respond, you could proceed according to the provisions of The West Bengal Building (Regulation of Promotion and Construction and Transfer by Promoters) Act, 1993, which makes it binding on him to convey the title and so on and to execute documents according to the agreement. It also makes it mandatory for him to take steps, within two months of obtaining the occupancy certificate, to form an association. You could yourself find out the reason for the delay in the issuance of the completion certificate. The promoter may be liable for both imprisonment and fine and his registration can be cancelled if he contravenes the provisions of the aforementioned act. You may also lodge a complaint with the local police in this regard.

 

Q: My husband had bought a flat 20 years ago. He is no more. I want to sell my flat but the landlord is not allowing me to sell it to a third person. He wants to buy the flat at a much lower rate. Can I take any action against him?

Name withheld

A: If the title of the flat is clear and all formalities relating to the ownership of the flat are complete, the landlord does not have the right to object. However, if the person mentioned by you is another flat owner who has a right of pre-emption recognised by law, you can send him a letter offering to sell the flat to him at the rate agreeable to you, giving him reasonable time. If he does not respond or does not agree to your offer, you can go ahead with the sale after the period mentioned in the offer letter.