Purchase of new property

Guest (Querist) 11 September 2013 This query is : Resolved
Dear Experts

We bought a flat last year and the same was registered in my mother's name. As per the agreement, the buyer was supposed to provide gym service as well. Its been a year now but the Gym facility has not yet been provided. Also, the building has been handed over to the association and they have been chasing up with the Builder. Ultimately, the association has informed the society members that the gym room will be used for parties etc. I think it is incorrect. The builder is not entertaining any of our complaints and requirements. The clause regarding the gym is given below:

''The Vendor will provide basic amenities like Children Play Area, Intercom
facility, Gym Room, Generator.''

As per the clause, the builder is supposed to provide Gym Room. Isnt it self-explanatory that he is also supposed to provide the equipments? He has given us a room without any equipments in it.

Can you confirm if the same will be tenable in the court of law if we want to file a suit against the builder for not complying with the sale deed.

Thanks and Regards
Sreedevi Pillai

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ajay sethi (Expert) 11 September 2013
you have to move consumer forum against the builder for deficiency in service if builder has failed to provide gymnasium as promised

prakash vathore (Expert) 11 September 2013
yes it is tenable in court.

Guest (Querist) 11 September 2013
Thank you for your advice Sir.

R.K Nanda (Expert) 11 September 2013
file consumer complaint against builder.

Guest (Querist) 11 September 2013
Thank you for your advice Sir. However, if the builder goes by the clause in the agreement stating that ''GYM room will be provided'', he might put forth the point that provision of Gym room was mentioned and not the equipments. Will there be sufficient ground for me to move Consumer Forum with regard to this.

ajay sethi (Expert) 11 September 2013
it ought to be a functional gym . no harm in going to consumer forum .

Guest (Querist) 12 September 2013
Thank you so much

Rajendra K Goyal (Expert) 14 September 2013
Nothing more to add.

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