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Delay in Possession & Non payment of committed pre-emi for subvention
26-Oct-2023 (In Consumer Court Law)
I had purchased a 3 BHK flat from builder CHD developers in 2013 with the address as 106, Golf avenue, Gurgaon. The month and year of possession was Dec 2015. It was stated on a letter head by the developers that in lieu of delay in providing the possession, the Pre- Emi shall be paid by them. However for the past 3 months, there has been no Pre- emi being paid by them and neither are they updating us on the possession date. I would like to make a complaint against them and also get a consultation on what should be done in this case. Pls guide us here. All suitable evidences can be provided.
You can take the following actions against the builders:
1. To file a consumer complaint before the Consumer Court for the delivery of possession, payment of compensation, interest on the amount paid to builder at the same rate as they are charging on delayed payment of instalments, rental or expenditure being incurred on of rented accommodation where you are currently residing and legal expenditures. You need to challenge unfair and one sided terms of the flat buyer agreement or alternatively you can initiate action before the Adjudicating Officer under RERA for the same relief;
2. You can move a criminal complaint for cheating (under Section 420 IPC) with the Police, in case police do not take any action, you can move to the court under Section 156 (3) seeking direction from the court against the police to register a case and investigate into the matter; and also
3. You can proceed for the compulsory winding up of the company under the provisions of the Companies Act. For this action you need to send a statutory notice through your lawyer for 21 days to make the payment, failing which you can file a winding up petition before the High Court/Authority established under Companies Act 2013. This action is suitable in case you need to get your money back from the builder with interest.
To give a proper opinion, you need to send all the documents, communications, e-mail transaction between you and builder company. Feel free to see in person for further consultation.
1. To file a consumer complaint before the Consumer Court for the delivery of possession, payment of compensation, interest on the amount paid to builder at the same rate as they are charging on delayed payment of instalments, rental or expenditure being incurred on of rented accommodation where you are currently residing and legal expenditures. You need to challenge unfair and one sided terms of the flat buyer agreement or alternatively you can initiate action before the Adjudicating Officer under RERA for the same relief;
2. You can move a criminal complaint for cheating (under Section 420 IPC) with the Police, in case police do not take any action, you can move to the court under Section 156 (3) seeking direction from the court against the police to register a case and investigate into the matter; and also
3. You can proceed for the compulsory winding up of the company under the provisions of the Companies Act. For this action you need to send a statutory notice through your lawyer for 21 days to make the payment, failing which you can file a winding up petition before the High Court/Authority established under Companies Act 2013. This action is suitable in case you need to get your money back from the builder with interest.
To give a proper opinion, you need to send all the documents, communications, e-mail transaction between you and builder company. Feel free to see in person for further consultation.
Helpful?
35+
35+
Adv. Arun Kumar
Gurgaon | 100+ Answers
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U should file consumer complaint against the developer and u will get what is written in the agreement.
As per the agreement clause ..the clause regarding pre emi s there ..so u can file the consumer complaint
As per the agreement clause ..the clause regarding pre emi s there ..so u can file the consumer complaint
Helpful?
38+
38+
Adv. Shashikant Gupta
Chandigarh | 25+ Answers
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Sir, you can file a consumer complaint in the consumer forum under the provisions of consumer protection act for alleged deficiency of service and unfair trade practice. You can also claim compensation in this petition along with your other grievances.
Helpful?
46+
46+
Adv. Jitin Singhal
Gurgaon | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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