Anuragh (it Analyst) 15 December 2014

Case again the home builder

Hello,

I have bought a house in Chennai for 32 Lacks and out of which 29 lacks have been already paid and am reluctant to pay the balance amount as builders were supposed to complete the Flat by August 2012 and its been 2 years still they have not completed the construction and when i always try contacting them they don't give proper responses. I had sent out a letter to them stating for a compensation for the mental agony caused by them because am paying the Entire EMI to the bank for the loan and also am staying in a rented house for which am paying the rent as well . In reply to the letter sent by me they said they will be looking into the issue but till now there has been no action taken . Kindly suggest me what i should be doing in regards to this .

Reply Follow

5 Replies

Hardeep (Business) 15 December 2014

Depending upon what the Contract says- and whether the circumstances were in / out of Control of the Builder - this is a case for deficiency in Services for which you can approach the relevant Consumer Forum for refund of amounts paid as well as compensation for damages, harassment and agony.

Whether you want to go that way would depend upon how big / reputed this company , what is your assessment re if /when you will get the flat, and if you are prepared to let go of both your money as well as the flat while the case is decided which may take an indeterminate time.

Look at, for eg. :

https://www.business-standard.com/article/pf/if-your-flat-possession-is-delayed-113082901227_1.html

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Anuragh (it Analyst) 15 December 2014

Thank you for your quick reply, Please suggest me the steps I need to take to raise a complaint in consumer court as I am very confident of raising a case against them . I have lost so much of money in paying the EMI's and rent and has caused lots of problems . Please guide me through a step by step process of raising a case and also please tell me how Much will it cost for me raising a case

BAALASUBRAMANNYAMM (Advocate) 15 December 2014

For this purpose, you better to engage an advocate and file a complaint/petition before the proper court for appropriate relief.

Anuragh (it Analyst) 15 December 2014

Thank you very much Hardeep and Baala for your prompt response. Will engage a lawyer as suggested . Thank you once again

Hardeep (Business) 16 December 2014

Just an add on - while you could engage a lawyer, it is not essential for consumer forum cases. And you can file / argue your own case. Of course having a competent lawyer will make for better drafting and understanding of proceedings.

Even if you do engage a lawyer you should keep close track of all proceedings.