Builder has increased the cost of the flat even after registration.
Bhupesh Vashisht
(Querist) 10 January 2013
This query is : Resolved
Hi Experts,
I would like to know if property builders has any right to raise the cost of the flat which they had sold before construction and registered. I have bought a flat under per-louch of a property. following is the summary:
1) I bought 1 flat @1875/sqft.
2) Got a bank loan on it.
3) Builder took more then 4 yrs to complete the construction which should have been done in 1yrs 6 months as per Sale agreement.
4) Now builder is asking more then Rs 2500/sqft. to give the possession which I cannot afford. Now I cannot even afford to go anywhere else as well.
Please suggest what can I do. Builder has lost couple of cases in consumer but still he refused to give us flat at the same rate. Some of us has agreed on his term.
Please let me know if you need to see the sale agreement. I have a scanned copy which I can provide to you.
Regards,
Bhupesh Vashisht
ajay sethi
(Expert) 10 January 2013
if builder has arbitarily increased the cost of flat contrary to agreement then yopu can move consumer forum for necessary reliefs . contact a local lawyer
Rajeev Kumar
(Expert) 10 January 2013
If the flat cost is arbitarily increased against the terms and conditions of agreement then you can move to consumer forum for seeking relief and ultimately the relief will be granted.
Advocate Bhartesh goyal
(Expert) 10 January 2013
Increasing cost of construction arbitrarily by builder against the terms and conditions of agreement also not comleting the construction work within stipulated period[ i.e 1 year and 6 months] is unfair trade practice of builder and also amounts the defficiency of services of builder.Approach to District Consumer Redressal Forum.your case is very strong and will get relief.
Raj Kumar Makkad
(Expert) 10 January 2013
I do endorse the views of the experts.
Bhupesh Vashisht
(Querist) 11 January 2013
Hi Every one,
Some of other customer who has bought flat with same builders has already won a case against him but he has still neither returned their money nor he is giving flats. Infect he is ok if some1 files a case against him as he has hired a permanent lawyer to handle these issues. I am worried that even if I go the court I would have to face the same consequences.
I would like to know if I can sold this property to any one or not. I do have a property papers.
Regards,
Bhupesh
ajay sethi
(Expert) 11 January 2013
when you approach court rely upon orders passed in identical cases . you will have a walkover . all builders have legal department . they need it because of litigation by dissatisfied flat buyers
ajay sethi
(Expert) 11 January 2013
if you have property papers sell your flat .
Raj Kumar Makkad
(Expert) 11 January 2013
selling at lower rates is also not a good solution to your problem. You can go to contempt of court if the builder fails to make compliance of the court order. None is over and above to the law.
