Rajeev Panda (Software Engineer) 19 August 2012

Property amount paid 20%. construction still 0%.

Hi, I booked a 3 BHK Duplex flat with one of the builders in Nagpur, last year. Already made a payment of 20% of the entire amount of the property. Its been more than a year now that the builder has not started putting a plinth level yet neither responding in a good manner. What legal action can I take? Pls advice if I need to see any local advocate. I currently stay in Pune.

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Ajit Singh Cheema (practising Advocate) 20 August 2012

You have not mentioned about the date of delivery of flat ,as per agreement ,and the fact that time is the essence of your contract.At this point of time it is advisable to issue a notice to the builder reminding him about the date of delivery of the flat and the present position of the work in progress and donot fail to inform him about your concern for getting the possession .Also inform the builder about the harrassment and mental agony you are suffering at his hands .

If he still donot respond, issue a legal notice and file consumer complaint under consumer protection act.