Cheated by builder
Vishav
(Querist) 26 May 2015
This query is : Resolved
Hi. I booked a flat by a reputed builder some three months ago. As per the brochure, it was a big project with a large green area that boasted of jogging track, sports centre, various water bodies etc. Now recently, the builder updated the layout on the website with all those facilities missing. On being asked, he responded that the whole area is owned by the Noida Authority and they are responsible for developing it. Does it amount to fraud and cheating as I was promised something else and being given something entirely different. The actual area of the project is less than advertised. The facilities being provided are less than half of what was promised in the brochure.
What action can be taken in such a case? Please advise.
MAMTA
(Expert) 26 May 2015
If you have brochure with you and on that representation you have booked the flat than you can complaint against builder for deficiency of service render by him. Your main proof is Brochure of project published in media and also given to flat owners who have booked the flat.
Vishav
(Querist) 26 May 2015
Yes, I have the brochure. Where should I complain? Consumer forum or Civil Court? What kind of relief can I expect? And how expensive would it be?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 26 May 2015
What your agreement states is imp. If violated approach consumer court after serving legal notice
Jeetender Gupta
(Expert) 27 May 2015
Pls check agreement clauses (if executed). Sometimes they have a clause that only the agreement binding & any earlier representation, brochure etc wld be superseded by agreement.
Dr J C Vashista
(Expert) 27 May 2015
Move to Consumer fora for deficiency of service and unfair trade practice.
T. Kalaiselvan, Advocate
(Expert) 01 June 2015
Before initiating any action against the builder, if you are not interested in buying the flat, you may ask the builder to refund since you are ready to cancel the agreement for sale due to the said defects. If this notice dose not invoke any response, you may proceed as suggested.
Rajendra K Goyal
(Expert) 01 June 2015
All the terms of agreement need to be referred minutly before preoceedings. Consult local lawyer and send legal notice first.
