We had bought a flat in Tollygunge in April 2006. The builder had promised to give us immediate possession and had said we could move in, which is why we selected the flat. He said the same thing even at the time of registration and did not give us any hint about the pending work. The builder’s representative verbally confirmed that the flat would be handed over on April 22, 2006.

All payments were made according to the builder’s demands. I handed over a cheque for the final instalment on June 1, 2006.

The sale agreement said the date of possession of the flat would be May 31, 2006, failing which the builder would pay interest at 15 per cent a year.

The property was registered on June 1, 2006.

But the flat was incomplete. It did not have power and water connections, neither had CESC meters and lifts been installed. Fittings and fixtures were not in place either.

The builder submitted the completion plan to the Calcutta Municipal Corporation only on January 22, 2007. The builder applied for the completion certificate on the same date.

CMC issued the completion certificate on February 15, 2007.

We moved into the flat on December 17, 2006, when water, power and lifts were functional subject to inspections.

As we couldn’t take possession of the flat on the scheduled date despite making the full payment, the builder has to pay some compensation. According to the agreement, the builder should pay Rs 1,82,090 (June to December). But he is not willing to pay more than Rs 75,000.

Should I file a case against the builder?

Smita Toppo, NSC Bose Road

As the sale agreement mentions the builder will pay 15 per cent interest if he fails to deliver the flat on or before May 31, 2006, you can claim interest between June and December. You should file a case if he does not pay up.

I had bought a flat in 2002 and got it registered a year later. I also got the mutation done and am now regularly paying corporation tax. But we have not received the completion certificate in spite of several meetings with the developer. What problem will I face in the future? What should I do?

Ranobir

You should make every effort to get the certificate. But you are unlikely to face any immediate problem if you do not have one.

The certificate is issued in the name of the landowner. You have to get in touch with him.

Send your queries to propertt@abpmail.com or mail them to

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