Krishna Iyer (e) 26 December 2011

Delay in delivery of flat by builder

Dear Sir,

I want your advice before I take action against the builder.The builder is delaying the possession of the flat in Navi Mumbai for the past 2years, that is the time when I bought the flat on resale.The overrall delay is now close to 3 years since the construction started in 2007 and 90% was complete in 2008.

If we lodge complaint thru consumer court, would the penalty be stiff enough for the builder to finish the construction soon and would the compensation be high enough to serve as a deterrent to the builder in future.If the compensation is just Rs.5 per sf, the builder would not mind paying which is of no use....The builder uses our money to invest in other projects and delays possession of our flat.

It happens that if we lodge complaint against builder, then he might not give possession to me as our relationship is spoiled...

Please advice.

Thanks.

Regards,

Krishna

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5 Replies

ABHIJEET PARIKH (Bcom LLB MBA) 26 December 2011

Dear Iyer,

there is another remedy apart from filing suit in consumer court

Its important to identify the real reason for not givin possession

whatever u said might be true no denial in that

but there might be others who might have invested in same project

Rather than filing single complaint file a collective complaint against that builder in consumer court

u can also file a criminal complaint against him with police stating builder took money and giving delivery of flat and undue time is taken this remedy would be faster one

send a notice through a lawyer first calling to take action against him (send notice collectively with all the aggrieved buyers who are stuck in it)

regards
Abhijeet

Krishna Iyer (e) 27 December 2011

Thank you very much Mr. Abhijeet !..only problem is i dont know who are the other buyers..is there any way i can know who else booked in this building...maybe thru registrar office?.

ABHIJEET PARIKH (Bcom LLB MBA) 27 December 2011

There r various source to identify d other buyers

one source are d local estate agent who might have assisted the buyers to buy d flat

from him u will get most of the leads

other way round is to file RTI in registrar offc abt document Registered of the particular building but that wud be a long excercise

Rohit (Attorney) 11 January 2012

Dear Mr. Iyer,

After going through your facts, please note that, the sale agreement which you entered with the builder will play an important role in this regard.

There could be many reasons behind the delay but a builder will be held liable, if nor right reasons are stated. Just do one thing that write one letter (not via e-mail) and send it to them via SPAD and ask them for the further clarifications.

In the agreement, there must be some remedy for you as well and if not therein, dont worry, LAST OPTION IS TO SEND A LETTER TO COMPETITION COMMISSION OF INDIA RATHER THAN ANY COURT and you will get the remedy.

A builder can make any excuse through the same agreement but it cannot be valid always.

Wish you all the best and mail me for any need.

Rohit

ANUP SINGHAL (COO) 07 June 2012

Please find attached documents for Omaxe Developers. Please find below the list of document attached:

1) Anshuman Bh 002: Provisional Letter of Allotment.

2) Anshuman Bh 003: Statement of Accounts.

3) Anshuman Bh 004: Last Demand Letter from Omaxe.

4) Anshuman Bh 005: Original Form of booking.

5) Anshuman Bh 006: Interest Accrued by them on us.

We have made the payment of Rs. 1915250 as per the statement attached till august 2008. However, Out of 19.15 Lacs they have adjusted Rs.46550/= towards miscellaneous which they are saying shall be adjusted towards some interest payment to which we are not agreeing & has not been informed or agreed by us and should not be adjusted in entire 19.15 lacs.

Please note they have delayed the project by OVER 4 years and they are not mentioning for any compensation to us on the delay in project. As a matter of fact, because of delay in project we have incurred losses in terms of burden of interest loss on capital paid to them, rental payment done on house rent & mental harassment for delay in allotment of flat. On the contrary, they are charging interest on us and wants to settle the interest @ 18% amounting to Rs.3 Lacs on alleged non payment of around 4.60 lacs We are looking for an amicable/CORRECT settlement where they waive the accrued interest and settle the account on actual dues with suitable compensation for delay in project at their level.

Request your help to get the issue resolved through your known contact who deals with Omaxe Developers.

Attached File : 11306314 omaxe 5th june 2012.doc, 11306314 omaxe letter dated 20th nov 2011.doc downloaded: 223 times