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Ganesh   17 May 2016

Need advice on filing case in consumer court against builder

Dear Experts,

Need your help in making right decision for filing case against real estate builder...

Follwing is the case:

I have booked a 2 BHK property in Thane in Aug-2010 @ 49 Lakhs and builder had verbally assured that Project will get completed latest by 2012. While signing agreement and registration builder revised the date as Dec-2015 for completion.

Till today Project is not completed and it is stalled halfway. Builder is not giving any firm possesion date and i am very much worried that Project will never get completed. I have paid 50% amount to builder based on demand as per completion of Project so far.

As there is deficiency in the service and apparent incompetency by builder and due to other unknown reasons like lack of funds and diversion of funds to other project i have suffured a lot.

As builder failed to provide me house as per commitment and agreement in compelleing situation i have bought another ready possiosn flat in other different Project. I am paying 60K EMI for new house this is causing me lot of loss also i have gone thorugh lot of mental agony and financial crunch due the builders failed commitments in completing Project.

I need your help to udenrstand how much compensation should i claim? To buy similar house in simalr locaity today i would need 1 Cr to 1.25 Cr rs.....

I am thinking to file legal case in consumer court however i need expert advise:

- i am thining to put up claim for 1 Cr to 1.5 Cr rs as this is the amount i would need if i have to buy house similar to what i booked in property which is delayed by builder and builder is not giving any firm possession date

I need help to know whether it is better to go to State consumer commission or National commission in view of getting faster and better results. Accordingly i will adjust my claim for compensation.

Also let me know if you know of any very very Good laywer who can fight this case 

 



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 May 2016

You can file a consumer case but you have to explain how is service and breachd of agreement affected you and your need to get compensation of Rs.1.25 crores

Ganesh   17 May 2016

1) I bought house in aug-2010 @ 49 lakhs and still there is no possession. Builder is not ready to even give revised possession date. If I have to buy another flat now of similar size in same locality I would need 1 cr 2) I have faced lot of mental agony stayed at rent @25K per month hoping I will get possession by Dec-2015

Ganesh   17 May 2016

Based on builders commitment.

Ganesh   17 May 2016

3) finally I purchased another flat due deficiencies shown by builder in completing project and handing over possession by Dec-2015 and for this new flat I am paying 60K EMI this is putting me in heavy losses

Ganesh   17 May 2016

4) finally mental agony I have faced and loss of my reputation in society and relatives is countless. .....due to this fraud builder who do not have intention to complete the project

Ganesh   17 May 2016

In summary I want to demand current market value of the property (1 cr) and mental agony and loss of reputation (50) lakes. ...... Builder is fraud you can check news for Hubtown greenwoods .. Let me know if case is strong enough for pushing forward

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