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Builder delayed the possession and cheated can ask for compensation
23-Nov-2023 (In Consumer Court Law)
One builder cheated me: First he asked me to pay whole amount for a flat in Sholinganallur with some discount. In the agreement he said he will give 18% interest if he is unable to start the project. Second when I asked back the amount with interest he said there is no cash flow and he will give an equivalent flat in Porur . He gave me the A101 flat with construction and sales agreement . But I came to know this Same flat is already registered under some one else name. Third when I asked this he said he will give another apartment but he is denying to pay me interest for remaining year. Note: Porur apartment is still under construction with out any progress. I gave the money to him on June 2012 and it is still dragging please advise how to get the money back from him
Dear Sir/Madam, you are entitled to get compensation delay period if the said condition is availed in the terms and conditions of sale agreement. If yes, you have to issued a legal notice to him for the same, if the said builder failed to comply the demand legal notice thereafter you have to approach the concerned jurisdictional consumer forum. .
Helpful?
10+
10+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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Hi,
You have two options in this matter, one under civil law (including Consumer Protection Law) for deficiency of service and another one under criminal for cheating and breach of trust. You as a consumer can claim compensation/damages for deficiency of service and as you already entered into an agreement with the builder you can also approach the civil court for breach of contract and claim damages (also for recovery). Also, you can approach the police or magistrate with a criminal complaint against the builder for cheating you after taking money.
You have two options in this matter, one under civil law (including Consumer Protection Law) for deficiency of service and another one under criminal for cheating and breach of trust. You as a consumer can claim compensation/damages for deficiency of service and as you already entered into an agreement with the builder you can also approach the civil court for breach of contract and claim damages (also for recovery). Also, you can approach the police or magistrate with a criminal complaint against the builder for cheating you after taking money.
Helpful?
17+
17+
Adv. Shobhan M P
Chennai | 100+ Answers
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