Advocate Chetan Priyadarshi

Questions Answered by Advocate Chetan Priyadarshi

Q: Builder failed to complete project can I file case in consumer court

An agreement was signed with a builder to demolish the existing structure and construct new building on our plot within a stipulated time,The builder was to be given one floor in the building to meet the cost.It is almost 5 year,we have occupied the three ifloors in semi furnished condition & staying.Under agreement on his failure to complete the building ,he will cease to have any lien to the floor which was to be transferred to him. Please advise course of action,Can we move too consumer Court ,debarr him and seek compen.

Advocate Chetan Priyadarshi answered
Dear Querist, you have the option of going to the Civil court seeking injunction and breach of contract as well as the Consumer Court as you fall under the definition of consumer a more detailed opinion could be provided after going through the supporting documents and understanding the correct factual matrix regardschetan priyadarshi

Q: Filed a case for dispute with builder can I file the case as consumer

A Company "X" booked a flat with say Builder Y Pvt Ltd. After some time I paid company "X" who was investor and got the flat endorsed in my name. Thereafter I made payments to builder as per demand note all the documentation such as allotment , possession, registry etc between me and builder .Flat has been registered there is dispute on some extra payment charged by the builder to me illegally , regarding which I have filed a case on consumer forum. My Question: Please suggest as per law am I the consumer in the above scenario. It may be noted that company X was an investor and it paid on

Advocate Chetan Priyadarshi answered
Dear Querist,Yes you fall under the definition of Consumer under the consumer protection act, a more detailed opinion can beprovided after going through the supporting documents and knowing the exact factual matrix regardsChetan priyadarshi

Q: Different date on certificates what can I do

My 10th passing certificate and date of birth certificate have different date of birth ,I want to make passport ,what I have to do.

Advocate Chetan Priyadarshi answered
Dear querist An affidavit needs to be made stating whichever is your actual bday as the real one I would suggest filing the passport application first and getting instructions from the passport office Regards Chetan

Q: Delay in possession for more than a year What action to take

Hello Sir I had a booking in a flat in 2012. The BBA mentions date of possession as Feb 2015 + 6 months gross period so this comes out to be Aug 2015. But till now possession is not being offered. When I forced to get a possession date, the possession date communicated is March 2017. Now the actual point is that I have lost interest in the property. The reason being the delay in possession and also the image that the builder has right now in market. What legal action can be taken? The BBA mentions penalty close of delay as Rs 5/sqft/month But can I ask for refund with interest?

Advocate Chetan Priyadarshi answered
Dear querist, The first step to anything legal is a legal notice to be sent to the builder covering all the problems that you have had to face due to the negligence of the builder This legal notice becomes the base for all future legal steps which in this case will be to approach the consumer forum of appropriate jurisdiction The court in matters like yours tends to settle the matter through mediation, which will be an easy and fast way of getting your money out For a detailed opinion I would have to see the documents supporting your claim RegardsChetan priyadarshi Advocate New Delhi