Consumer case against builder for delay

you have to decide what you want,, refund or delivery of flat?

in 5 y, flat value must be increased more then interest. isnt it?

whats the current status of construction .

which is builder.

how much money u paid.

Dear Mr. Nishant,

I have perused your query extended through your instant message posted at this Forum.

From the contents of the referred message, it is concluded that you buyers are aggrieved for the caused delay in delivery of possession to you by your respective Builders at Noida and as such you are intending to sue them in the Hon'ble Court of Delhi State Consumer Disputes Redressal Commission as against said delay. Through proposed Consumer Cases you intend to have adequate compensation in lieu of yours incurred loss being caused by said delay.

 

Prima facie ,it appears and is established that the Builders have grossly erred in providing their Services.

In the case of Lucknow Development Authority vs M K Gupta., through its judgement the Hon'ble Supreme court of India has clarified the stand that  ‘when possession of property is not delivered within the stipulated period, the delay so caused is denial of service, and a consumer who is a victim of such delay is entitled to compensation.’

Hon’ble bench of the Apex Court observed that  for any act or omission relating to housing activity such as delay in delivery of house possession, non-completion of flat within the stipulated time, defective or faulty construction  etc., the affected buyer should be compensated appropriately by the defaulting party.

You are advised to read my post of www.powertoconsumer.in by linking :
https://www.powertoconsumer.in/blog/2014/04/rights-against-cheating-builder/ to adjudge your stands in the matter, you are aggrieved for.

Now, in response to the next part of your message with regard to hiring an experienced and well versed Advocate related with alike matters/disputes, while referring you to my profile available on "www.powertoconsumer.in" under head of "Know Your Legal Adviser"; I feel pleasure to offer my professional services for your purpose and for which your call to me on my mobile no. 09900775922 is welcomed.  

Thanking you,

SHIVESH SINHA,

ADVOCATE cum LEGAL ADVISER to www.powertoconsumer.in

Mob. No. 09900775922

 

Thanks Rahul ji and Sivesh ji for replying on my post... @Rahul ji, pls find answer for your points a.) We want delivery of flats b.) Value is increased in last 5 years, but that increase is not able to cover the extra cost (bank interest on housing loan) , so in net value we are at loss. c.) current status of construction is that structure of all the towers have been completed, no finishing work has been done, and apart from it work on amenties viz. club house, internal roads, sewage and electric system, parking, poles, has not been completed, one can says its 35-40% complete, and the project is in same state of construction for last two years. and as on today hardly any workers on already built structures, however builder has deployed labourers only on the new structures which are coming up...

Dear Mr. Nishant,

Refer your responsive message posted 2hrs ahead, the contents of which are mainly informative by way of reply to related query, raised so far by Mr. Rahul in response to your first message at this forum.

Have perused said problems causing agonies & deep concerns to you buyers, which are definitely the subject to be termed as "the Gross Deficiency in Services" at the hands of your Builders and it is the fit case for suing them in competent Consumer Court seeking  Award of both of your demands, i.e; Delivery of flat as well adequate compensation in lieu of continued incurred loss till its delivery.

I am confident for getting relief (s) as stated above on being sued in respective Consumer Court in the light of settled principle of law, as decided by our Apex Court in the Consumer Complaint Case lodged by M.K.Gupta as against the Luknow Development Authority.

I reiterate my sayings of my previous response with request to you to link www.powertoconsumer.in and its BLOG : https://www.powertoconsumer.in/blog/2014/04/rights-against-cheating-builder/

May contact me, if feels so for the purpose either through my mail or mobile, as intimated earlier.

Feel free to approach me to have any further advise/assistance in the matter by linking the said website.

Thanking you,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertocosumer.in

Mob. : 09900775922