I have bought a flat in Gaursons sportswood Sector 79 Noida under below scheme- “WHEREAS the said booking/allotment is under a special scheme of Company wherein the allottee(s) is having an option to surrender the booked apartment at the time of offer for possession and the allottee (s) will be entitled for the refund of total amount deposited along with the premium on the total cost of apartment. The premium shall be based on the calculation of 12% interest per annum over the total cost of apartment. Timely payment is the main essence of this scheme, the TDS at prevailing rates shall be applicable. In case the offer for possession delays beyond 31st December, 2016 the allottee (s) will be entitled for the refund of total amount deposited along with the premium on the total cost of apartment that premium shall be based on the calculation of 12% interest per annum over the total cost of apartment under this scheme immediately after 31st December, 2016. In case the allottee(s) opt to surrender the booked apartment prior to the period mentioned above, it shall attract the deduction as per the clause no.14 of this allotment letter.” I have as per above option informed builder on 1st Jan'17 that I have opted to surrender the unit and asked to refund the amount with premium. The builder has not responded in 15 days time and than I have sent a legal notice also on 18th Jan'17 but again there was no response. Please guide me about what all legal options I have to make builder pay me as per agreement. Can I go to national consumer forum as the consideration amount is Rs. 1 Cr though there is below clause in agreement for dispute, would this may bar me approaching consumer forum. "That in the event of any dispute whatsoever arising connected to booked unit, the grievances of customer shall be referred first to consumer redressal forum formed by the CREDAI western UP. The said allotment is subject to arbitration by the designated committee of arbitrators appointed by the CREDAI and the decision of arbitrator will be final and binding on all parties."
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1) you are at liberty to file complaint before national consumer commission and seek refund of agreement as per clauses in your agreement
2) you can seek litigation costs and also compensation for mental torture undergone by you
3) inspite of arbitration clause you can file complaint before consumer forum as it is an additional remedy
1. You shall have to file a complaint case before the State Consumer Dispute Redressal Commission against the builder alleging deficiency in service and unfair business practice claiming refund of the amount you have already claimed as per the agreement with interest, damage and cost.
2. this is a good case to win.
3. As a parallel measure, you can also lodge a police complaint against the builder bringing the charge of cheating against him for enticing you in buying the flat by making payment based on his false assurance and then running away with the said payment without complying with the agreed terms.
Hello,
It is a settled law that that the remedy of arbitration available to the complainant does not bar the jurisdiction of the consumer forums and the consumer forums are not under an obligation to refer the matter to the Arbitral Tribunal. Moreover, if you have already served the legal notice upon them, you can now approach the National Consumer forum to represent your grievance.
In case you want any legal help at any point of time you can contact me on +91 or you can write a mail to me at .
1. The supreme court has made it clear long back that both proceedings in consumer forum and before the arbitrator can go simultaneously.
2. So in spite of the arbitration clause you can file case before the national commission.
3. So don't waste time anymore and file the case asap.
Dear Concerned,
As this is a case of cheating as money taken on pretext of false promises , you can file a criminal complaint of cheating against the directors of the company . Additionally you may choose to file recovery suit fot recovery of this money however for a recovery suit you will have to pay court fees.
You can choose National Consumer Forum as well as the amount as per noted is over 1 crores - as the legal notice has been signed and no reply has been received from the developer it is better to file a criminal complaint followed by consumer complaint at the National Consumer Forum.
Best of Luck
1. if any arbitration clause is mentioned in agreement so first you should avail it thereafter if being aggrieved you can file case before national consumer forum(section 21 CPA).
2. you can also file a civil suit for specific performance of the contract but you have to pay court fee and it would be very high and it'll take long time to decide.
3. same relief shall be granted by the consumer forum at less court fee and swifter than civil suit so you should file case before national consumer forum.
The agreement may be having such arbitration clauses, but be aware that the CREDAI is not law enforcing authority.
CREDAI is a not-for-profit company registered under Section 25 of Companies Act, 1956.
CREDAI seeks to create a favourable policy climate to ensure housing for all. CREDAI specially articulates the concerns of private housing providers.
To predominantly safeguard consumer interest, CREDAI insists on setting up of Consumer Redressal Forums through all its City Level associations.
Thus this agreement with the condition to aproach CREDAI alone for grievances is not binding in law, you can approach apex consumer redressal forum to get your grievances redressed.
Further to my above query the builder has not responded in the 15 days time as oper below legal notice, please advise- To M/s Gaursons Sportswood Pvt. Ltd., Gaur Biz Park Plost No.1, Abhay Khand II Indirapuram, Ghaziabad (UP) LEGAL NOTICE Under the instructions and on behalf of Mr. Sharad Kumar, S/o Shri Kushal Singh, resident of Dhodh House, Amli Road, Sikar, Rajasthan – 332 001, at present residing at 09032 ATS Advantage, Ahinsa Khand I, Indirapuram, Ghaziabad (UP), I serve upon you this legal notice as under:- 1 That my client booked Unit No. 1524, at 14th Floor at Block-F, in your Gaur Sportswood, Sports City, Sector 79, Noida (UP) on 5.11.2014 and paid 10% of the total cost of the unit i.e., Rs. 8,86,134.00. 2 That the next date for depositing 30% amount i.e., Rs. 26,58,401/- was due to be paid on 20.12.2014 and my client paid the same amount on 20.12.2014. 3 That the next date for depositing 20% amount i.e., Rs. 17,79,315/- was due on 12.11.2015 and my client deposited the said amount on 9.11.2015. 4 That a demand letter dated 25.05.2016 was issued to deposit Rs. 17,93,928/- by 08.06.2016 with additional grace period of 15 days i.e. till 23.6.2016. 5 That my client applied for loan from ICICI Bank. The banker initiated the loan process to disburse the demand amount and approached you on 2.6.2016 for collecting “Tripartite Housing Loan Agreement” and “Permission to Mortgage” (for short “PTM”). My client authorized the representative of the Banker ICICI to collect these documents from you. And this fact was intimated to you on 02.06.2016 by my client through email. 6 That in the “PTM” dated 03.06.2016 you intimated my Banker (ICICI) that your this project is mortgaged with “LIC Housing Finance” and you undertook to provide “No Objection” (for short “NOC”) to ICICI from “LIC Housing Finance” before disbursement of loan amount. It is worthwhile to mention here that vide letter dated 03.06.2016, you undertake to provide necessary “NOC” to ICICI Bank. The relevant extract of the letter is reproduced as under:- “We hereby declare that we have taken project loan from LIC Housing Finance Limited, New Delhi on the above project. We undertake that we will provide necessary NOC releasing the said Flat/Apartment from LIC Housing Finance Limited, New Delhi, before disbursement of loan and submit the same to ICICI Bank Ltd. Releasing the said flat/Apartment free from all encumbrance(s) charge or liability of any kind whatsoever. We have a clear legal and marketable title to the said property and every part thereof.” 7 That the NOC from LIC Housing Finance was missing hence the sanctioned loan amount could not be disbursed to you in absence of this NOC. That my client informed and requested you on 13.6.2016 and 16.6.2016 in writing to issue NOC to my banker (ICICI) for disbursement of due amount. That you accepted the acknowledgement of the above fact on 20.6.2016. 8 That finally you issued the NOC from LIC Housing Finance to my banker (ICICI) on 28.6.2016 and immediately my banker disbursed the said amount to you. It is noteworthy to mention here that my banker prepared the cheque of due amount of Rs. 17,93,928/- on 27.6.2016 itself vide pay order No. 753628. Hence there was no delay in payment of due amount on the part of my client. The delay (if any) has occurred on your part due to non-providing the “NOC” documents from your Finance Company. Hence the delay was caused by you in providing the “NOC” document from LIC to pay my client’s banker (ICICI). 9 That when my client visited your office to collect the receipt in the third week of July, 2016, he was shocked to know that interest amount of Rs. 13,623/- was charged by you from the account of my client for the so-called delay on your part. Your such action is highly unjustified, unjust and illegal. You cannot take the benefit of the wrong committed by you. My client is not at all responsible for any delayed payment. My client acted bonafidely and took all steps to make the due payment in time i.e., before the due dates. But the delay was caused by you for which my client is not responsible. 10 That accepting your fault you have waived the interest of only 15 days but forcefully charged the interest of 7 days without any logical and justified reason. Even this fact is clear from the mail dated 18.12.2016 written by you representative Parul Seth that “….. after checking and verifying your file, I confirm that there is a delay in the payment of a demand due ion the 8th of June 2016. The interest charged therefore is legitimate.” 11 That it appears that you want to breach the terms and conditions and not to pay “ROI” as per the agreement by showing my client as defaulter. While no default has been done by my client. The whole due amount was paid well within time. The loan was sanctioned by ICICI Bank on 2.6.2016 i.e., much prior to the due dates 8.6.2016 and 23.6.2016. But the payment could not be released by ICICI in absence of “NOC” by your Mortgagee i.e., LIC Housing Finance. Your mortgagee LIC Housing Finance issued the NOC to you on 23.6.2016. And on 28.6.2016 the same has been handed over by you to ICICI bank, receiving which ICICI immediately disbursed the due amount. Amount was given to you by Banker of my client vide pay order No. 753628 dated 27.6.2016 (i.e., Rs. 17,93,928/-). The whole documents in this regard are attached herewith this notice. Hence there was no delay in payment of the due amount by my client. 12 That as per the terms and conditions of the allotment letter dated 11.11.2014, the possession of the unit has not been offered by you to my client as on 31.12.2016, My client is opting to surrender the said unit for refund of total amount deposited along with the premium calculation of 12% interest per annum over the total cost of the apartment. For ready reference the terms and conditions of the allotment letter is reproduced as under:- “WHEREAS the said booking/allotment is under a special scheme of Company wherein the allottee(s) is having an option to surrender the booked apartment at the time of offer for possession and the allottee (s) will be entitled for the refund of total amount deposited along with the premium on the total cost of apartment. The premium shall be based on the calculation of 12% interest per annum over the total cost of apartment. Timely payment is the main essence of this scheme, the TDS at prevailing rates shall be applicable. In case the offer for possession delays beyond 31st December, 2016 the allottee (s) will be entitled for the refund of total amount deposited along with the premium on the total cost of apartment that premium shall be based on the calculation of 12% interest per annum over the total cost of apartment under this scheme immediately after 31st December, 2016. In case the allottee(s) opt to surrender the booked apartment prior to the period mentioned above, it shall attract the deduction as per the clause no.14 of this allotment letter.” I, therefore, call upon you through this legal notice and direct you to strictly comply to the special scheme offered to my client and refund the total amount deposited along with the premium on the total cost of apartment with calculation of 12% interest per annum over the total cost of apartment from the date of booking to my client within 15 days of receipt of this notice, failing which all legal action would be initiated against at your cost. Take notice and do the needful within the stipulated time. (Anoop Dhand) Advocate
1) since builder has failed to respond to legal notice and refund your money file complaint before national commission and seek refund of money paid by you with interest, litigation costs and compensation
1. File the complaint case before the local District Consumer Dispute Redressal Forum as suggested in my earlier post.
2. Also lodge the police complaint against the builder bringing the charge of cheating as suggested in my earlier post.
after having issued him with a legal notice and waited for the statutory period, you may discuss with your advocate and file a case before the consumer court seeking remedy and relief.