Real estate developer is not giving amenities promised
Kartik Patel
(Querist) 10 February 2013
This query is : Resolved
Hi Team,
I have purchased a flat in Vadodara. It is under construction as of now.
There are many amenities the builder had mentioned in the brochure that he will provide. However, now he informed me that he is not going to provide certain amenities.
My questions:
1. Is builder bound by what he mentions in the brochure?
2. If yes, what should I do? Shall I go to Consumer Forum?
3. If he is not bound by what is mentioned in the brochure, buiders may start cheating by listing down many amenities and not providing them after that.
Thanks in advance,
Kartik
adv. rajeev ( rajoo )
(Expert) 10 February 2013
1 & 2. yes. He has to act according to the brochure? He is bound give all.
R.K Nanda
(Expert) 10 February 2013
first send legal notice to him to provide
amenities as per brochure.
ANIL KUMAR 8867907494
(Expert) 10 February 2013
U can approach consumer forum for not providing the agreed amenities but have u enter an agreement for sale, if yes what it says about amenities ????
Builder can't mislead the customers by false promises he will be penalize for that
ajay sethi
(Expert) 10 February 2013
building is not yet completed . when posession is sought to be handed over cross check whether amenitoies provided are as per the agreement . dont antagonise the builder now . take posession . then issue notice and move consumer forum for deficency in service and seek compensation against the builder . dont rock the boat now
Kartik Patel
(Querist) 11 February 2013
First of all, thank you all for your replies.
Answering to Mr. Anil Kumar's question, the sale agreement does not mention any specific amenities. It is a simple sale document.
Does anybody know of any such cases wherein the builder was penalized for not providing amenities mentioned in the brochure (and not in the agreement of sale).
Your help will be highly appreciated.
Best regards,
Kartik
Devajyoti Barman
(Expert) 11 February 2013
It is a clear case of unfair trade practice and deficiency of service.
File case before the consumer forum.
R.K Nanda
(Expert) 11 February 2013
ur welcome.
