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Escalation cost and delay in possession of flat by builder
10-Aug-2023 (In Consumer Court Law)
Hello Sir, I have purchased a Flat in 2013. On dt. 17 July 2018, I received a mail from builder mentioning Escalation cost of 3.63 Lacs. Also they delayed the Project by 802 days and blaming Government policies for the delay. For that they have reduced the project delay to 1.5 years and giving Compensation of around 1.5 years only. I bought the Floor on CLP plan. They said the Policy guidelines cleared in 2014. If that has been the case, why they took 75% of the Payment before 2014. This is clearly an unjustified explanation. Regards,
This is a clear case of unfair trade practice and deficiency of service on the part of the builder. You may file a consumer complaint before a Consumer forum depending on the pecuniary jurisdiction involved. Various such cases have been decided in favour of the consumers.
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Adv. Rishabh Kapur
Delhi | 25+ Answers
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Hello Sir, this is the issue almost every home buyer is facing today in this country. You can file a case against them and they will be bound to refund your money with intertest for the delay in possession. If you claim is more than 1 crore then you can file in NCDRC.
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Adv. Ashish Shaw
Delhi | 25+ Answers
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You can approach the consumer court raising the issue of delay in project completion by first issuing a legal notice to the builder. However, considering the grim situation in which real estate now is, it's advisable that you first pursue the greivance internally with the builder. If the builder declines to redress it, approach the consumer court. The forum and jurisdiction of the consumer court would depend on the total price of your flat. The territorial jurisdiction would be determinable on basis registered office of the builder or the location of your flat site.
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Adv. Prity Kumari
Delhi | 25+ Answers
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Dear Sir, Your is the best case to be filed in the Consumer courts. The Consumer Courts have been very graciously attending such claims that are being filed specially against the builders so as to provide proper redressal mechanism to the victims of the builder's anarchy
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Adv. Sonam Priya
Delhi | 25+ Answers
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