builder is not giving possession instead given full and final payment

Question

builder is not giving possession instead given full and final payment

20-Jul-2023 (In Consumer Court Law)

dear sir, i purchased i flat from mahagun in crossing republic for rs.1.12 crore and paid fully from my self and from bank loan .The builder is demanding interest as well as handling charges which he didn't mention at the time of purchase and making payments. He is now give me notice of cancellation if i don't make payment of their demand by 30th July 2015 . I am making regular installments to the bank and not enjoying my property. The amount they are demanding is about 12 lacs .Now what can i do ,is any relief can i get from court of law especially from consumer court ,what will be the fees.

Answers (3)

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Advocate Dhruv Suri LawRato · Accepted Answer · 2015-07-20T05:35:16+05:30

Answer #1

Does your initial contract with the builder make any reference to handling charges? What is the interest for? You need to have your agreement reviewed by a lawyer and then file a case in the consumer forum. Fees can be discussed when we set up the first meeting.

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LawRato LawRato · Accepted Answer · 2015-07-20T06:14:37+05:30

Dear Sir, Before arriving at a solution it is very important to go through the agreement signed between you and the builder. Sometimes there are charges which are not mentioned or disclosed to the consumer at the time of purchase but they do find a mention in the agreement signed . Therefore, it is important to go through the agreement thoroughly before approaching the courts. In case what you say is the true situation remedies under the consumer law as well as under law of contracts is available to you . Even if such clauses justifying the charges are there in the agreement signed between you and the builder you can still approach the courts on other grounds depending upon the facts and circumstances of the case. The fee can only be discussed after seeing the documents.

LawRato LawRato · Accepted Answer · 2015-07-20T06:52:52+05:30

You must file a complaint against the builder with the National Consumer Dispute Redressal Commission (NCDRC) for stay and also for damages on the account of deficiency in service and mental agony. For the demand of 12 lacs as mentioned, the documents has to be seen to verify whether a clause about additional cost was there in the contract or not.