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Remedies for deficiency in service by the builder


13-Sep-2023 (In Property Law)
Project is in ghaziabad. Flat 755 sq ft for Rs 18.85 lakhs (95% payment already done) Booked in 2012. Recently builder has sent letter of intimation of offer of possession but has not raised the final demand. Orally was putting pressure to buy open parking. Project is delayed by over 3.5 years. Builder without prior approval increased the asuper area of flat by 37 sq feet. Builder ready to pay 5rs/sq feet late possession charges but not interest. What should i do..
Answers (5)

Answer #1
674 votes
In the present matter you have two remedies.. criminal as well as consumer. You may approach the police station within which the office of the said builder is location, the police may take up further investigation and help You recover your amount. If motive is to take possession of the said property, you may go in for consumer case in the state commission (if amount is above RS. 2000000) stating the deficiency in service.
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Answer #2
729 votes
Hi Sir,

You can individually file a suit in the State Consumer Forum for the refund back of your amount or in case if there are more people with the same issue as you have, then you all can collectively file a suit in the National Consumer Forum under Sec 12 1(c) of the Consumer act, for the refund back of your amount along with the interest compounding to be 18% p. a. A suit can be filed in the National Consumer Forum if the value of the subject matter is more than 1 cr.
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Answer #3
711 votes
hii

i have gone through your query and very much eager to respond you face to face ..

it's better to contact over the call or communicate face to face..

I will contact you..
I have my own chamber in Ghaziabad too..
thanks in advance..
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Answer #4
912 votes
Since the project is delayed you are entitled to be compensated for it as well as refund of the amount deposited with interest. As far as final demand is concerned, that will be raised at the time of registration of the plot in your name.
Buying of open parking on oral agreement would be risky considering the fact that possession of the plot has been offered to you after 3.5 years.
The increase in super area is only because of the fact that what area you had been promised earlier was only tentative.
As stated earlier, you have legal recourse by approaching the consumer forum or civil courts.
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Answer #5
762 votes
As per the normal buyer agreement there is an arbitration clause to arbitrate the dispute or you may move the consumer forum to get the refund of the whole amount with interest, with compensation and damages as well as these builders are enjoying with your hard earned money
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