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Builder is giving possession without completing the amenities promised
21-Apr-2023 (In Consumer Court Law)
The builder has not completed common facilities as mentioned in Agreement for sale and shown in Brochure but asking for possession. My question is that " Is not illegal on the part of. Please advice Builder is asking for possession without completing Common facilities as stipulated in the Agreement for sale and shown in Brochure ? Common Amenities viz Mandir , Fully equipped Gym, Beautification of Lake , Club House, Swimming Pool etc." Please mail your advice.
Builder can only give you possession with getting complication certificate from the Municipal authority. Any raw material in the apartment/complex can get complication certificate. Ask for complication certificate from the builder and keep sending emails and notices and take photographs regarding the incomplete construction. This will be useful as evidence later on.
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Adv. Anamika Pandey
Kolkata | 25+ Answers
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Please note that when the builder has not given effects to the clauses of the agreement, it is your prerogative either to ask the builder to perform the specification as approach mentioned in the agreement or for specific performance of contract OR can ask the builder to give your money back with interest as there is no interest remain for which you were convinced earlier to purchase the flat.
You can either approach the Civil Court or the Consumer forum for the unfair trade practices. May the best recourse avail with the Consumer forum.
You can either approach the Civil Court or the Consumer forum for the unfair trade practices. May the best recourse avail with the Consumer forum.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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As per the agreement, you r eligible to get all the facility n all the aminities. U can sue the promoter for breach of contract, since u comes under the definition of consumer. U can refuse to take the possession of the flat. On the other hand u can get the possession, if the flat itself is fully furniahed and thraftr u can approach the consumer forun for alther facilities as per agreement.
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Adv. Ritam Ghosh
Kolkata | 25+ Answers
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