Thread by @t2rJAK

Yday, came the court judgment in my favor after waiting for 17 long years.

In 2005, 3 days before property registration the builder says 'I won't come, do what ever'

Want to know what I went through?
1/15
#DelayedJustice
@jsaideepak
@NammaBengaluroo

With full of dreams embarked on buying an apartment in 2005 with my father as Joint Owner - the thought was my parents would move to Bangalore with me.
This was not one of the top builders but the apartment was 80% ready. Adv payments done, DD ready, Bank loan cleared
2/N

In parallel, booked another bigger apartment in CBD with a reputed builder due for possession in three years.
Idea was to move into the first in 2005 instead of renting later sell this to move it to a bigger one when it is ready in 2008 and by closing 60% loan amt
3/N

Bank loan disbursement done & with builder agreement, the registration date was fixed.

Sunday (supposedly last auspicious day in that period) performed the Gruhapravesham and that Wednesday was registration

Sudden twist! Builder says 'I won't come for registration'
4/N

No reasons given by the builder (yup! better deal?).

I pleaded, begged,ready to pay some extra, liasoned using known people but at last, was forced to send a legal notice.

He said 'I won't do whatever'

A clear violation of a registered agreement but where to go

5/N

Without much choice left, I decided to move it to local sessions court.
The first lawyer I landed up happened to have his partner as the builder's legal advisor.

First 3 months was full of drama - they got in between to make money from both sides for liasoning.

6/N

I came out sensing this immediately. Went to a new lawyer
The new well-known lawyer gave me the hope that it is open and shut case and is completely in my favor
Asked me to pay(few lacs) in bulk so that he can take care of the case fully to the end

Court proceedings started
7/N

His juniors and trainees started handling the case

15-Sep-2006 -court issued stay order

Till 25-Sep-2009 - issued summons, court vacant for 2 years without a judge,

next hearing, next.

3 years gone.
8/N

Finally the court heard my plea on Sep2009 (~3yrs) then followed by 23 hearings of evidence till Aug2012 then followed by another 31 sessions of hearings, adjournments etc till 1-Apr-2015.
Lawyer started charging per session ignoring the initial bulk payment

(10 years gone.)
9/N

Later, commissioner was appointed to investigate against my photo evidence on Gruhapravesham, interior work & report.
The builder had rented out the property and was enjoying the income but the report didn't mention any of this.
Anyone could sense what could have happened.

10/N

My lawyer asked the commissioner's report to be dismissed and to re-appoint another one. Court dismissed the petition

I had to take it to High Court and it gave a ruling in my favor to dismiss the court commissioner's report

Small win here but another 3 years lost in this
11/N

Came back to the sessions court, and after another two years of arguments and adjournments,it came to judgment stage

After 3 adjournments the judgment came

Not directing builder to register the property in my name but to repay adv money+interior spend with 10% interest/yr

12/N

After 17 years of waiting, paying court fee, lawyer fee, bringing people for evidence etc..

Finally the court directed to pay 10% interest/annum for 16 years for adv paid + interior spent

If I had the amount in savings bank, I would have got better yield.

but...
13/N

On the flipside, I've gained judicial life experience that I can tell/caution anyone about.
I have had great guidance from my close lawyer friends, maintained good relations with other builders, learned several aspects in this journey.

14/N

Looking back, I really don't know what I do differently.

But now, just accept things as they are.

Is our legal system in favor of a young fellow full of dreams marching into an Indian city?

Is there Consumer Protection in Real Estate?