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Rajat Agarwal (Director)     13 October 2012

Late possession of flat and charging interest by builder

 

 

 

1)         I had taken an under-construction Flat at Ghaziabad, U.P from a reputed builder in Aug 2009 along with my father as co-applicant. The possession of flat was supposed to be given by 30 Sep 11. 

2)         Even after repeated reminders through letters no definite date of possession was given. The builder forced me to pay 100% of basic flat cost by 30 Sep 11 by sending demand letters and harassing my parents by phone calls. (Although, 5% of final payment is generally paid after possession in almost all such real estate plans).

3)         Now they are forcing to pay balance amount for optional items like Open Car Parking (Rs. 1 Lakh), Power backup (Rs. 30,000), Club (Rs. 50,000) even when these things are not ready. Also, they have started charging heavy interest at the rate of 18% per annum w.e.f 01 Oct 11 citing contract agreement terms.

4)         For any of my Queries raised through various letters which they never replied, they only refer to one sided contract terms. 

6)         I tried resolving the matter by physically meeting their officials in Jun 12 but they gave false assurance of resolving the matter after speaking to their Director. But they never turned back on the matter after meeting.

7)         As mentioned in contract agreement, they have not yet started paying me the penalty amount. They say that it will be paid only when I pay complete amount (including that of optional items).

8)         They have kept a 3 month of cushion period before paying penalty amount however they are charging interest even for a single day of delay in payment for whatsoever reasons. This is an abuse to consumer rights as was brought out in CCI order against DLF on some project in Gurgaon. Competition Commission of India (CCI) has established that builders are cheating consumers by getting signed one sided contract agreement.

9)         As per judgment on civil appeal no. 2544 of 2010 dated 31 Aug 10 by Hon’ble Supreme Court of India builders cannot sell open car parking, hence amount of Rs. 1 Lakh for open car parking is not legitimate as mentioned above.

I need an advice, as what I should do to get compensation on issues raised above and how.

 

 



Learning

 2 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     13 October 2012

You can file criminal as well as civil action  against  the said builder . You can give him one final notice failing which you will be complied to initaite civil or criminal proceedings against him .

Rajat Agarwal (Director)     16 October 2012

I have started the procedure by sending a leagl Notice to the builder for not paying penalty and other consumer greviences raised by me. But, I am being advised by people to not to take any action before taking possession (registry) of flat,as the case might be stuck for long time and I wil be the sufferer.

Moreover, I plan to (if I need to do) file the case in consumer court as it would be faster. Please if someone can guide me seeing my above detailed queries that what all points should I include while making complaint, so that my case becomes stronger.

Thanks in advance,

Rajat


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