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Kitty (HW)     09 June 2012

Deficiency in services by builder

Hi there,

we booked a society flat in ghaziabad and possession is delayed by the builder and when we contacted builder regarding possession they shown us the some amount due on our side and heavy interest charged on that. They never generated any demand for that amount and there is no reminder for the payment. when we contacted them they generated a demand and we willingly pay within a week.

Is this counted as deficiency of services for not sending any payment due notice earlier? we were given a verbal confirmation at the time of booking that rest amount will be paid on possession whereas one of the document says the amount needs to be paid after18 months but this is just not paid because of ignorance and as soon as we came to know about this we paid immidiately.

 

Please advise on this.

 



Learning

 3 Replies


(Guest)

Have  you  breack any condition of contract regarding made payment, If yes,  than has he  to given you notice, If he  has not did this its prove between you and him a mutual consent made.

But first you have to paid installemnt within time, look into the contract whats condition he made in.

But when you paid all amount  since than you are entitle to get possession by contract , He can't deny you to provide you full passession on said complete flate.

This this deficiency of service u/s sec. 2 of consumar protection act.

For better advice you have to disclose term & condition of said contract made between you.


(Guest)

Have  you  breack any condition of contract regarding made payment, If yes,  than has he  to given you notice, If he  has not did this its prove between you and him a mutual consent made.

But first you have to paid installemnt within time, look into the contract whats condition he made in.

But when you paid all amount  since than you are entitle to get possession by contract , He can't deny you to provide you full passession on said complete flate.

This this deficiency of service u/s sec. 2 of consumar protection act.

For better advice you have to disclose term & condition of said contract made between you.

Ajit Singh Cheema (practising Advocate)     10 June 2012

Its right time to serve legal notice on the builder for not giving the  possession and asking for damages.you may inform the builder that you may move consumer court for redressal of your grievance.


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