Builder not giving documents
i purchased a flat from builder RPS through loan from bank. now i want to transfer the loan to my office by availing HBA from my employer. I require certain documents like how the land is procured by RPS Infra Ltd, approved site plan, occupation certificate issued by local authorities to the builder. The builder is not giving these documents. May kindly advise what should be my course of action to get these docuemnts.
Nowadays, it is a common practice that the builders don’t comply with their part of the contract. But on the other hand, you should have made sure that all the relevant documents related to the property was available with the builder and you should have kept copies of all these documents with yourself.
However, now that you are asking for those documents, the builder is under legal compulsion to provide you the documents. If he is resilient on not providing you with the documents, you can take your grievance to the Consumer Forum. The Supreme Court, in the case of Lucknow Development Authority v. M.K. Gupta (1994 AIR 787) has laid down that builders can also be taken to the consumer court under the Consumer Protection Act, 1986. The reason why consumer courts are preferred over High Courts or any other lower Courts is because, these courts are built for these purposes only and helps get you justice a lot faster. This should solve your problem.
However, I recommend that before going to the Consumer Forum, you give a notice to your builder that you will take this matter to consumer forum if he does not provide you with the documents. If it can be solved without taking the matter to any court, it will be the best solution to any problem. Otherwise, this option is always open.
Hope this helps!
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