Possession of flat not given by the builder
Arvind
(Querist) 15 March 2015
This query is : Resolved
Sir
i booked a flat at Rudrapur in 10/2011 with Samiah International. Its registered office is at Sec 63, Noida. Today I noticed from the company's website that they are showing their Delhi office and Head office at Shaheed Bagh, New Delhi 110025.
The complete amount has been paid and even the registry has also been done in 12/2013. But the builder is avoiding to handover the possession of the flat as the work is still not complete. The doors, sanitary work, electric wiring, tiling in kitchen, even the stairs are not yet covered with tiles.
I met the HOD corporate of the builder but he was of view the maximum he can be penalised is 18% by the court not more than this and is avoiding giving heed to my requests.
The written undertaking initially given by the builder was that in case the possession is not given within 08 months of the booking then he shall be paying penalty of Rs.5 per sq feet. But later in the agreement he altered it to 18%, which I noticed after meeting him.
Please advice the remedy available to me.
My queries are:
a) In which area should I file the consumer case?
b) Is there any authority which restricts the unfair practices by the builder?
c) Any other alternate which is available to me?
d) Is there also provision for online registration of complaints?
Devajyoti Barman
(Expert) 15 March 2015
1. Where the property is situated ir wherein the builder has an office.
2. Consumer forum is there.
3. Avail it, It is enough.
4. No
Advocate Kappil Cchandna
(Expert) 15 March 2015
Sir,
First and foremost is a legal notice .... Thereafter you can approach the consumer forum for the defective services provided by them .....
Regards
Kapil Chandna Adv 9899011450
Rajendra K Goyal
(Expert) 15 March 2015
File consumer complaint against the builder for deficiency of service.
Arvind
(Querist) 15 March 2015
I thank all for your valuable guidance.
Please also advice if I can send notice of my own or need a counsel in consumer court for drafting and filing of complaint?
Devajyoti Barman
(Expert) 16 March 2015
Well for filing a case in consumer forum there is absolutely no need for sending legal notice.
It is a common misconception that is necessary for filing case.
