Advocate Bhaskar Subramanian

Questions Answered by Advocate Bhaskar Subramanian

Q: Delay in handing possession by the builder what action can I take

I own a flat under possession stage at Supertech cape Town. The flat was supposed to have handed over to me in 2013 March if not then builder would pay INR 5/- per sq ft (1295 sqft) as per agreement. I had followed up with the builder but in 2015 builder to delayed payments I would need to pay penalty, which I paid first then shared demand letters with date. They agreed to withdraw the notice with a condition that I sign a document that I would not ask for penalty and made me sign the document. Please advise what is the available options for me to make supertech pay for harassment.

Advocate Bhaskar Subramanian answered
The builder has on obligation to pay the penalty amount , and the same can be realized by approaching the concerned consumer forum, you are entitled to either possession of the said property or refund of the entire amount which has been deposited by you. Please note that the success of your case depends on particular facts and circumstances such as the delay in payment of installments. also please note that in case you have waived off your right to receive penalty, the builder may point out the same in court, and may dis entitle you from your contractual right. kindly contact for further clarifications.

Q: Purchased a flat with super area 1550 sq but got 900sq ft only

We bought this house with super area for 1550 sq ft only to realize later that I received a flat with built up area of 900 sq ft only. I got to know this from fellow buyer who did the registry where only built up area was mentioned. Though I have taken the possession & shifted but not done the registry. I believe it is a case of fraud as the builder took 40% of my money on the pretext of super area & never ever in any document informed me about it. Even in the allotment letter he only mentioned super area. Can I file a case against the builder & ask for my money on 550 sq ft of area?

Advocate Bhaskar Subramanian answered
The right to sue accrues from the contract and the square footage stipulated therein. in case of any fraud upon the area of the flat, the same has to arrived at after a through examination of the facts. however i would suggest that you get the area examined by a contractor who can give a proper area of the flat before moving forward with the matter. All things constant the builder can be sued in the concerned consumer forum, and appropriate remedy can be prayed for.

Q: Builder not providing fixed time to refund my amount for cancelling

Bought a property from a builder last year, project not even started yet. Asked to cancel the plot and wanted refund but the builder is not providing me a fixed time. I wanted to close my loan for which i need refund. So what steps can i take against the builder?

Advocate Bhaskar Subramanian answered
There is much that can be done. In case of default in the possession of the property in question within the time stipulated, the builder can be asked to refund the money with interest (in case of delay in possession). This can be achieved by approaching the concerned consumer forum depending upon the cost price of the plot. However much depends on the detailed facts and circumstances of the contract and case concerned.