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Dispute with builder for delayed posession
17-Dec-2023 (In Consumer Court Law)
Hi sir I bought a flat in subversion scheme and so far 85 % payment has been done on time builder send a demand of other 10 lacks when I visited site I find out plaster not completed / no tiles no wiring even the awning pool club house digging work is under progress I have refuse the payment as 85% work not completed hence this needs to be completed then only I can Pay in returns builder threaten me you pay or all payed amount will be for fitted and flat will canceled this project was suppose to deliver by sep 2016 and I don't see it will be leaveble next one year Please advice what to do ? Best Regards
The act of the builder as alleged in your post amounts to unfair trade practice and deficiency of service.
On this ground you can file case in the consumer forum therefrom you can claim for damages and compensation and return of your penalty amount which you have already given to the builder.
On this ground you can file case in the consumer forum therefrom you can claim for damages and compensation and return of your penalty amount which you have already given to the builder.
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Dear Sir,
Based upon the information given by you, please note that if you want to continue with your allotment then unfortunately you will have to abide by the demands. Please note that the agreement/application you signed states (somewhere in small letters) that percentage of completion of project refers to structure of project only. So as of now your only rights are:
1. To claim damages for late delivery from builder.
2. To cancel the allotment by giving him proper notice for late delivery and then seek full refund of your investment (along with interest) through Consumer Court.
Other than the above, in case you try and withhold the payment then the Builder will be within his right to levy heavy interest rates and may even cancel the allotment. In case he cancels the allotment, rest assured that legally you are bound to get back most of your money (except a small amount of around 10%). Also note that during these recessionary times it is highly unlikely that any builder will cancel any allotment, so they may continue applying heavy interest rates on delayed payments.
thanks
Based upon the information given by you, please note that if you want to continue with your allotment then unfortunately you will have to abide by the demands. Please note that the agreement/application you signed states (somewhere in small letters) that percentage of completion of project refers to structure of project only. So as of now your only rights are:
1. To claim damages for late delivery from builder.
2. To cancel the allotment by giving him proper notice for late delivery and then seek full refund of your investment (along with interest) through Consumer Court.
Other than the above, in case you try and withhold the payment then the Builder will be within his right to levy heavy interest rates and may even cancel the allotment. In case he cancels the allotment, rest assured that legally you are bound to get back most of your money (except a small amount of around 10%). Also note that during these recessionary times it is highly unlikely that any builder will cancel any allotment, so they may continue applying heavy interest rates on delayed payments.
thanks
Helpful?
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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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