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maninair (n/a)     17 January 2008

Flat Purchased from a Builder

I have purchased the a flat against Sale Agreement on the basis that the construction of the same will be finished by 31st July, 2007 for a total cost of 15,00,000/-.

I have already paid Rs.11,07,500/- in 4-5 installments as per the progress of the construction of the building.  I have paid Rs.7,47,750/- by taking a housing loan from HDFC [url=https://www.firstappeal.com/new_topic.php#][color=blue]Bank[/color][/url] & balance by arranged by my savings.

The Construction of the same was stopped from Jan.'07 due to some cancellation of polution clearance certificate by Govt.  and till date they have not started the construction.

The Builder is not giving any fixed date for clearing the above and start construciton till date. 

I am already paying about Rs.7800/- as interest to the loan and I am also staying in a rental accommodation, where I have to pay monthly rental.  I am facing financial problem and also mental agany due to this.

I have already send two letters to the Builder for confirming the tendative date for completion and also I have requested to refund the money with interest till date.  Hoever, no reply received from them so far.

Please advice a remody.

Regds,


Learning

 1 Replies

Prakash Yedhula (Lawyer)     17 January 2008

You can approach the civil court for a mandatory injunction/specific performance to deliver the flat. Alternatively you can also seek for refund of the money paid with interest and damages in case delivery is not possible. You can also apporach the consumer forum for comensation for the delay and agony.
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