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Builder is cheating can we file case in NCDRC
11-Apr-2023 (In Property Law)
I purchased a plot from Vatika builders in 2013.by 2014 ,40% paymnet is gone.builder buyer agreement is made in 2015 and signed by both parties.now builder is asking us to swap the project as there is some problem with this project.we r stuck now.can v file the case in NCDRC ?but how will we prove that we are end consumer and not an investor.as be have our own house.pls help
Your case seems to have merits and can be filed in NCDRC, should you be able to satisfy the pecuniary jurisdiction of above one crore.
Having a home and yet buying this property should not alone make you an "investor".
The case if handled well factually and legally, most likely can stand well on merits, on its own feet before the relevant consumer court.
Having a home and yet buying this property should not alone make you an "investor".
The case if handled well factually and legally, most likely can stand well on merits, on its own feet before the relevant consumer court.
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Adv. Ruchira Chaudhary
Gurgaon | 100+ Answers
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You can approach NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION if the subject matter is more than 1 crore. You can file a complaint to District Consumer Forum if subject matter is less than 20 Lakhs and if it is more than 20 lakhs then you will have to approach State consumer disputes Redressal Commission. If you haven’t applied for multiple plots in the same group and have no business transactions with the builder, in such case you do fall under the definition of a consumer and have a valid case to file complaint before the Consumer Forum. However, it is solely up to your interest as to see whether the plot purchased by you is similarly located and is similar in dimensions with the plot the builder is offering in exchange. If somewhere you feel your rights have been violated in such exchange and the exchange transaction is bringing unjust loss to you, you can seek the intervention of the consumer forum.
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Hi, you have to decide first what do you want from the builder.
The builder can't force you to swap the project after builder buyer agreement.
If there is any problem on behalf of the builder, yes you can file a case in NCDRC as well as can file a police complaint against them for cheating and forgery as well.
The builder can't force you to swap the project after builder buyer agreement.
If there is any problem on behalf of the builder, yes you can file a case in NCDRC as well as can file a police complaint against them for cheating and forgery as well.
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Adv. Vikas Sangwan
Gurgaon | 25+ Answers
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