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Booked residential flat in pre launch now changed to commercial
19-Jun-2023 (In Consumer Court Law)
Booked residential apartment in pre launch by filling expression of interest form in Oct 2013 through broker in Gurgaon. Paid 2.5 lacs. In 2014 they got commercial license to which I was not aware nor informed and they launched in june 2015 as commercial. We were asked to take allotment by signing allotment form in hurry and pay 3.2 lacs without intimation of changes. Further paid 2.5 lacs as per CLP plan within 60 days of allotment. When I received BBA in Jan 2016 I got to know the change from residential to commercial. What we can do since now all charges are high. BBA not signed.
You can first send a Notice regarding refund of payment or transferring the said amount to any other residential project and providing you an allotment for the specifications as agreed by you initially. If no response if received then you can go to the consumer forum. for further assistance please feel free to contact me.
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Adv. Omar Siddiqui
Gurgaon | 25+ Answers
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Yours is a typical case of getting cheated through the so called pre-launch scheme where they say risk & gain both are high. Difficult to say anything without seeing the documents. I am sure there must be some more people like you in this scheme. Depending upon the documents with you one can file a consumer case or even a criminal case. At this stage my advice to you is to write to the builder for redress of your grievance and get a reply from them. Further action will depend on their response.
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You first need to be clear on what you want which is whether you want to retain the commercial property irrespective of the price or you want a residential property. if it is the latter then you have no choice but to exit. You must in that case ask for a total refund along with interest. if the builder refuses then you must approach the Consumer Court. On the other hand if you want to retain the property you must negotiate with the builder.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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1.u should first serve the consumer notice and as well as criminal notice of cheating and use of your money and
2.If they will not take consider on your notice then u should prepare petition for consumer forum against builder because u definitely comes under the category of consumer under the judgement {lucknow development authority V. M.K gupta}
3. U can also file complaint to competition commission of India, which can help u out by imposing penalty on builder instantly
4. U can file civil suit
5. u can file a criminal complaint as well
2.If they will not take consider on your notice then u should prepare petition for consumer forum against builder because u definitely comes under the category of consumer under the judgement {lucknow development authority V. M.K gupta}
3. U can also file complaint to competition commission of India, which can help u out by imposing penalty on builder instantly
4. U can file civil suit
5. u can file a criminal complaint as well
Helpful?
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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