Nishant (CTO) 11 March 2015
I've a property in Unitech sunbreeze, Gurgaon. The project was supposed to be completed in 2012 but it's nowhere near completion and there's not a single labourer at the site.
I'm paying a heavy EMI and rent due to Unitech's fault.
I'd like to get opinion on the legal options I have to get Unitech to address my grievances.
Sonia Saini (advocate) 11 March 2015
Dear Nishant,
You have a very strong case for filing a consumer case against the builder. The act of the builder in not giving the possession in time amounts to unfair trade practice and deficiency in service and the same is covered within the purview of provisions of Consumer Protection Act.
You have very bright chances of getting the possession, getting damages on account of mental injury as well as get damages for interest on the money already paid by you according to your agreement that you signed with the builder. Thousand of cases against builders are pending with the State Commssions and relief are always granted in favour of the consumer
I can be contacted for certain legal advice and further proceedings at the below mentioned address and details:
Regards,
Adv. Sonia Saini
S S Global Law Firm
G-4, Shokeen Plaza, Plot-3
Sector-12, Pocket -7, Dwarka
New Delhi- 110075
Mobile: +91 9873658554 | Email: sonia@ssglawfirm.in
Website: https://www.ssglawfirm.in
Shyam praveen (practice) 11 March 2015
Dear Nishant,
For the greivances you are facing, you can approach either civil court or consumer forum, as advised by Ms.Sonia Saini.
In civil court proceedings, you have to engage the services of an advocate. Here you can sue the builder for not performing his part which he committed by way of entering into a contract with you. It will take quite a bit of time (years, to be precise), but worth it. You have to pay court fee, advocate fee.
On the other hand, if you approach consumer forum, you can file the case on your own. The procedure is also simple and summary in nature. No court fee (minimal) and advocate fee as you can argue on your own.
All the best
S.Praveen
Goutam Prasad (Advocate) 04 June 2016
Delay in deleivering projects have become common and hence Consumer Courts have become strict in passing their order. In view of recent trend, you may get possession of flat with 12% interest or refund of money with 18% interest. In case of possession, order of court would include no increase in Super Area, if pleaded.
For details and assistance, please fee comfortable to contact.
Goutam Prasad
Advocate
Mob: 9810753838
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