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Mayank (worker)     17 November 2014

Cheated by developer

I booked  a 3BHK (1500 sq ft) Flat with Mtech developers, Bhiwadi in 2006. I paid the booking amount of 1,60,000 at the time of booking. and paid the first installment too in 2008 of 2,43,000.

Till date builder hasn't provided with the possession of the flat.

Infact the builder is not constructing 3BHk and asking to buy 2BHK (1200 sq ft) only and that too at a high price

In the agreement it says, EDC charges of Rs 75000 but builder is asking for 1,80,000

Agreement says that car parking charges are 50,000 but builder is now demanding 1,50,000

Electricity connection and backup charges are of Rs 20,000 and now he is asking for 70,000

PLC charges in the agreement are at 75per sq ft but now he is asking for 1,80,000.

The agreement also states that if there is delay in possesion then builder will provide interest @Rs5 per sq ft per month.

 

My main questions are-


1. Is builder liable to pay the project  delay charges.

2. What about the increase in cost. Nothing was told at the time of agreement. and this increased the cost by 60%

3. CAn i refuse to pay the car parking charges considering the supreme court orders.

4. Should i first file a case or get the possession and then file a case as i dont trust the builder at all.

 

i have all the proofs, brochures, agreement and mails sent to the company.



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 November 2014

Yes, its a breach of contract on the agreed terms, you can claim compensation for the extra time taken, first get the possession .... Kapil chandna adv, 9899011450

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     17 November 2014

1. Is builder liable to pay the project  delay charges.

Ans.   Yes

2. What about the increase in cost. Nothing was told at the time of agreement. and this increased the cost by 60%

Ans. If there is no escalating cost clause in Agreement you are not to pay.

3. CAn i refuse to pay the car parking charges considering the supreme court orders.

Ans. If you have not agreed, you are not to pay

4. Should i first file a case or get the possession and then file a case as i dont trust the builder at all.

Ans:  If possible take possession firs without accepting any conditions and Then file a case in Consumer Forum.

 

 

i have all the proofs, brochures, agreement and mails sent to the company.

Ans:  Good,preserve them.

Adv. from Mumbai

Prakash S Thakkar (B.S.L LL.B)     17 November 2014

File a case at consumer court. Drag the builder. He will gv u possession nd interest amt also.

Dr J C Vashista (Advocate)     18 November 2014

Besides a consumer case for deficieny of service you can move to the civil court for specific performance, permanent inunction, damages and mesne profits (for  which you will have to pay court fees).

Engage a local  lawyer at Bhiwadi or Alwar.

T. Kalaiselvan, Advocate (Advocate)     18 November 2014

A fit case for seeking compensation for deficiency in service through consumer forum.  Al your questions have been very perfectly answered by learned Advocate Mr. Jeevan Patil, I endorse his views. You may proceed as advised.


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