Possession delay due to faulty const. & withholding charges


Dear Sir/Madam: I have a flat in daruhera from Vipul Group wherein due to faulty construction we have denied taking the possession and they have slapped the Withholding charges. There is no communication from the builder till date despite repeated requests. Please advise what to do.

Answers (1)


199 votes

The best remedy which is available in this case is approaching the Consumer forum, although you can also go to Competition Commission Of India(DLF case). In this case, two things needs to be examined carefully. Firstly the "Faulty construction" and secondly "Terms of the contract"(Brochure). If this withholdings charges are not governed by the contract then that is illegal. I would also like to know the detailed version of faulty construction. We have to establish in what sense the construction is faulty.
Firstly a legal notice will be sent to the builder and then a complaint under section 13 of the consumer protection act will be moved. The jurisdiction of the forum will depend upon the pecuniary damages suffered by the party.


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