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Builder promised to pay the EMI under subvention but failed
26-Jul-2023 (In Consumer Court Law)
I have purchased a flat in Dharuhera from a builder under subvention scheme with loan from Indiabulls. Builder promised to pay the EMI amount regularly but failed to do so. Its been pending for past several months now. Also there is a huge delay in construction. I have been running after the builder for past several months but in vain. I have exhausted all options. Is it advisable to go for legal action against the builder? If yes, what is the procedure.
Yes it is advisable to go ahead and take legal recourse. In this matter as there is sufficient delay you can approach the Consumer forum and address the issue wherein in case of delay you shall not be liable to pay court fees. Also the EMI being an admit able debt you can proceed to the HC for winding up proceedings.
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Adv. Omar Siddiqui
Gurgaon | 25+ Answers
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If there is an agreement of subvention scheme and the builder is not abiding by the clauses of the agreement ask him to do so in writing and obtain his reply. If he refuses to do so or does not reply within a reasonable period you can file case in consumer forum.
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file Consumer Complaint against builder himself or by the help of any Law person and you can also file civil suit to take your money back but only after checking the court fees which very high in U.P.
Regards
Puneet Sharma
Regards
Puneet Sharma
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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Dear Sir
I am very sorry to hear about the situation from both builder and Indiabulls. You can issue legal notice to the builder for breach of the terms of builder buyers agreement and to Indiabulls for breach of the terms of the loan. In both the cases the best option is to proceed against the two in consumer court. It is best advice to seek independent legal advice from a lawyer or contact my office via email for further assistance.
Regards
Farhat Warsi
Advocate
I am very sorry to hear about the situation from both builder and Indiabulls. You can issue legal notice to the builder for breach of the terms of builder buyers agreement and to Indiabulls for breach of the terms of the loan. In both the cases the best option is to proceed against the two in consumer court. It is best advice to seek independent legal advice from a lawyer or contact my office via email for further assistance.
Regards
Farhat Warsi
Advocate
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Adv. Farhat Warsi
Gurgaon | 25+ Answers
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You must definitely approach the Consumer Court and file a case for deficiency of service and ask for possession if the builder has gone beyond the time period of delivery of possession as mentioned in the Buyer's Agreement. You must have to prove the inconvenience caused to you due to the delay and you may even ask for compensation for delayed possession.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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