Friends, pl guide me on this :
1) I have booked a flat(in February 2010) with Reputed Lodha Builders in Thane in their under construction project. I have paid my share of flat cost(50%) and also submitted them the Home Loan Approval Letter from Axis Bank. I have registered the agreement and paid stamp duty. Builder is not able to provide me CC(Commencement Certificate) and Approved Plan upto my floor(23rd) for last 12 months(after I submitted them the copy of Bank Approval Letter) and hence the Bank is refusing to disburse Loan Installments against the demands made. The builder so far has CC only upto 12 floor and Axis Bank insists that it is mandatory that builder produces CC upto floor of my flat booking and then only they can release instalments as it is a mandatory requirement from RBI.
2) Builder keeps on raising the demand notes asper construction progress and insists for my making timely payment within 15 days of the date of demand note. He also charges me interest if there is any delay. Now he says that if Axis Bank is not disbursing without the mandatory clearances go to HDFC as they have made some special arrangmeent with them to release the money without CC. But HDFC would not give me loan due to my age being above 58 years. Now I am in catch 22 situation. I have to arrange for the funds everytime builder raises demand otherwise he charges penalty at 18%.
3) Recently the builder's legal dept suggested to start the Brick Work and Plaster work from ground floor as the builder has constructed 12 slabs upto which he possesses the CC and Approved Plan and he can not demand any money towards construction of further slabs. The agreement clearly states that the payment of Brick Work and Plastering would become due once all slabs are laid and is also mentioned in a chronological manner after the 28 th slab. Builder's interpretation is that he can start the work of brick and plaster at ground floor and charge the installment from all 28 floors irrespective of whether they are constructed or not.
PL HELP ME IF I CAN APPROACH CONSUMER COURT ON THE GROUND OF DEFICIENCY IN SERVICE AS WELL AS UNFAIR TRADE PRACTICE AS THE ABOVE INTERPRETATION BY BUILDER SEEMS QUITE STRANGE, UNILATERAL AND UNCONVENTIONAL AND IS NOT AS PER THE PRACTICE WIDELY FOLLOWED IN BUILDING LINE. REGARDS
