1) I had taken an under-construction Flat at Ghaziabad, U.P from a reputed builder in Aug 2009 along with my father as co-applicant. The possession of flat was supposed to be given by 30 Sep 11.
2) Even after repeated reminders through letters no definite date of possession was given. The builder forced me to pay 100% of basic flat cost by 30 Sep 11 by sending demand letters and harassing my parents by phone calls. (Although, 5% of final payment is generally paid after possession in almost all such real estate plans).
3) Now they are forcing to pay balance amount for optional items like Open Car Parking (Rs. 1 Lakh), Power backup (Rs. 30,000), Club (Rs. 50,000) even when these things are not ready. Also, they have started charging heavy interest at the rate of 18% per annum w.e.f 01 Oct 11 citing contract agreement terms.
4) For any of my Queries raised through various letters which they never replied, they only refer to one sided contract terms.
6) I tried resolving the matter by physically meeting their officials in Jun 12 but they gave false assurance of resolving the matter after speaking to their Director. But they never turned back on the matter after meeting.
7) As mentioned in contract agreement, they have not yet started paying me the penalty amount. They say that it will be paid only when I pay complete amount (including that of optional items).
8) They have kept a 3 month of cushion period before paying penalty amount however they are charging interest even for a single day of delay in payment for whatsoever reasons. This is an abuse to consumer rights as was brought out in CCI order against DLF on some project in Gurgaon. Competition Commission of India (CCI) has established that builders are cheating consumers by getting signed one sided contract agreement.
9) As per judgment on civil appeal no. 2544 of 2010 dated 31 Aug 10 by Hon’ble Supreme Court of India builders cannot sell open car parking, hence amount of Rs. 1 Lakh for open car parking is not legitimate as mentioned above.
I need an advice, as what I should do to get compensation on issues raised above and how.
