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sanjay rai   11 September 2015

Cheating by builder

i have booked a 4 BHK bunglow in 2013 in vastu vihar project, hajipur branch(Bihar).  its a township project.  the registry of the plot was done in end Dec 15.  when i told the builder to start the construction of my unit(bunglow), they said that the plot in front of my plot where the portico and road work is to be done is not under them as the same was still not acquired by them from the farmer.  however, they told me that the acquiring of land is under process and the same will be done in one or two months.  since then i kept enquiring about the construction of my unit at regular intervals, however their answer was same as earlier.  in Aug 2015, when I again enquired, they said that the land has been acquired and construction of my unit can be started.  After hearing this, i approached LICHFL for housing loan and my housing loan was sanctioned (14,50,000.00).  The builder (Vastu Vihar) then made a demand letter of Rs. 3,00,000.00 to LICHFL as 1st installment.  LICHFL then disbursed the amount to the builder in end Aug 15.  However, in the month of Sep 15, when i told builder to start the construction, he told me that the construction cannot be started since the plot in dispute is still not cleared.  I was shocked to hear this.  i felt like cheated.  Then, I decided to complain this matter to the nodal officer  of the company.  I have sent him many E-Mails but no reply is received.  Then I called the main office at patna and told them my grievances.  they told me that they will called the branch office and do the needful.  now, i neither the branch office nor the branch office is picking up my calls.  they are also not replying to my E-Mails and SMS.  I have also sent them my written complaint through speed post.  But one week has passed, but no reply is received.  
Now my situation is that I am paying EMI for the amount (3,00,000.00) which is not with me.  the amount is with the builder and he has not started work yet.
pls suggest what should i do next???.  



Learning

 4 Replies

saravanan s (legal advisor)     11 September 2015

send him a notice that you would like to cancel the agreement with the builder because of the long delay they had caused in handling the premises to you and demand that the advance amount be settled to you failing which you will take the issue to the consumer forum

sanjay rai   11 September 2015

but i dont want to cancel my unit, since in 02 yrs the value of the property has hiked a lot.   instead i want them to

(i)    immediately start the construction

(ii)   or allot any other unit in the same society and begin construction of the same

(iii)   also to pay interest on the amount paid to them by me since 2013

(iii)   i also want them to pay compensation for cheating, unprofessional approach, mental agony and litigation charges.

is it possible sir???? and how much can i claim??

advocatepassy@gmail.com 971794 (Advocate)     12 September 2015

Mr. Sanjay Rai,

 

          You can send legal notice to the builder saying that if construction on the plot allotted to yiu is getting delayed, they should allot you another plot which is clear from all these hurdles and start immediate construction.    Also give it writing that if this is not done within a specified period, you will file a case against the builder in the State Consumer Dispute Redressal Forum in Patna.

sanjay rai   13 September 2015

thanks a lot sir...i will do the same as instructed by you....

 


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