Dealings by Builders!
SMIT SAURAV
(Querist) 05 May 2009
This query is : Resolved
Dear Sir,
I booked for villa in Bhopal with a Builder. The property was booked in resale transaction where the , property originally booked by another person some times back was sold to me for a premium amount. The property was yet to be fully developed during that time. We were given all proof that the property is fully authorized and licensed by Govt and loanable from PSU as well as Pvt. Banks.
In all this process, I paid around Rs 1.15 lacs as premium to the original booking person and the initial deposit of Rs 1.05 lacs was done with the builder. Through this process, I was to remit scheduled payment as per agreement and demand note to be signed by the Builder. When such demand didn;t arrive, we tried to enquire the issue after four months of remittance. We were told that Stay has been placed by Hon'ble High Court of MP over dispute by the seller of the land to the Builder. Till date the fate of the case is yet to be confirmed by the Builder and even they are averse to share any information; not picking even phones. During this time the constitution of the Builder firm is being changed from Proprietorship to Limited Company. In all this anticipation, already 18 months have passed.
Can any of the learned advocated guide if the case can be filed with the Consumer Forum for refund of original as well as the premium amount paid against this booking of villa since the Builder has failed to oblige the product delivery conditions.
Normally what time does the Consumer Forum take to give verdict in such cases.
Thanking in anticipation.
With best regards
Smit Saurav
Y V Vishweshwar Rao
(Expert) 05 May 2009
I Agree with Sri R Subramanyan and furhter add that ;-
The Litigation was not noticed by you , the same was not informed by Builder or the person who booked the Villa - before you . You have purhased the Villa from Builder and the other person , both have sold the same to you . The Builder has to complete the Villa and has to hand over the same to you under a Regd Sale deed free from Litigations and Encumbrances , if the same is not possible now , if you conlud the same , and there is no possibility to complete the same by clearing the dispute/litigation between the Builder and his Vendor, --- you can file a Consumer case aganst the Builder and the other person who took premiem from you and claim return of the amounts with compensation/damages and interest
The Consumer cases are expected to be disposed with in three to Six Months .
sanjay singh thakur
(Expert) 07 May 2009
Dear Saurav
Being a Consumer Lawyer I suggest you to file your case in the concerned District Forum and be assured that you will win the same.
