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Builder not abiding by the contract terms, What action can i take?
23-Oct-2023 (In Consumer Court Law)
I booked a flat in Ghaziabad (BCC BhatratCity) on Dec, 2011 under the subvention plan. The estimated completion time was 2 years along with a grace period of 6 months after which there was a penalty clause @ Rs. 5 per square feet of super built-up area per month. This month I have received the letter of possession from the builder and the final amount need to be paid within a month failing which a penalty of 18% would be charged. Also, there are no completion/occupancy certificate furnished. For all these points the developer is not responding after a numerous followup.
Your should serve him with a legal notice and after that immediately proceed with filing a consumer complaint for the deficiency in service and unfair trade practices.
Your can seek monetary relief from the builder for this. There are catena of cases in your support.
Please feel free to contact.
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> Deficiency in service due to delay in delivery of possession, since the actual date of possession would be June 2014 as per the estimated time of completion;
> Non furnishing of completion/occupancy certificate;
> Demand for money with threat to levy interest without completing the legal formalities.
Depending on the amount paid by you, the jurisdiction of the Consumer Forum will vary. For your reference, the following is the pecuniary jurisdiction of the various consumer courts:
>District Forum: Upto 20 lakh
>State Commission: 20lakh to 1cr
>National Commission: 1cr upwards
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Adv. Mishika Singh
Delhi | 100+ Answers
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