• Property related issue

Hi, I have booked a row house in 2012 and had an written agreement by them to complete the project by June 2016 with additional grace period of 6 month that is Dec 2016. But till now, the builder has done just the basement (that too two years back) and took from us 20% booking charges + 20% basement, i.e. total 40% Rs. 34 lakhs. From the last two years there is no development in the site. It is just lying in the basement condition. We consulted lawyer, and he has send two notices but they didn't reply.
Now please tell me what should be our next course of action. How much it will cost us if we go to consumer court to file the case. And generally how much time it will take to get any favorable judgement in our side from the consumer court.
Please help, as the two notice send by the lawyer earlier was not even been replied. 
And one more thing, with the same builder we have booked, one more site in 2012 wherein we paid them 4 lakhs, later they confirmed that they could not materials the deal with the land owner and then after repeated pursuing they gave us 2 lakhs each cheques in 2013 for the cancellation of the site, but both the cheques got bounced back (insufficient fund). Receipt from the bank for the same is with us. But later, with a span of 3 years, 1 lakh each in each year, they have given some three lakhs to us.
So my doubt is, whether we can club both these cases together or not. Whether it will be helpful to enclosed the bounced cheque details or not. Please help
Asked 7 years ago in Property Law
Religion: Christian

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5 Answers

1) legal fees for filing complaint before consumer forum varies depending upon lawyer engaged by you

2) disposal of case depends upon pendency of cases in consumer forum . it should take around 2 years at least

3)separate cases have to be filed . enclose bounced cheques

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

since builder has not replied to legal notice your remedy is to file complaint before consumer forum to seek refund with interest , litigation costs , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Since the lawyer notices sent by you have been futile you should move the consumer forum to seek delivery of the project and compensation for mental agony as the builder is guilty of deficiency in services.

2. In respect of the site booked in 2012, for which the cheques issued were bounced, you cannot club it with the previous case as the cause of action is different for each case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The lawyer's notice has not been responded.

What was the demand made in the lawyer's notice?

Whether you demanded expeditious completion of construction or cancellation of booking?

In my opinion, you should have demanded the booking amount so far given to the builder by communicating your decision to cancel the booking due to the inordinate delay and no indication of the likelihood of completion and also for breach of contract.

As a matter of fact you should not have booked the flat with the same builder who has already cheated on an earlier count.

Did not something hint you while booking a fresh flat with the same cheater?

Now you can inform the builder that you have cancelled the booking and advise him to return the booking amount with interest for breach of contract and also for deficiency in service. This communication should be sent by registered post. You can drag the builder to the consumer forum even if you dont get a reply from him and seek compensation for mental agony too besides refund of booking amount with interest.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

But sir, what about the two notices which we have send to the lawyer, for which builder has not responded. What should be our next course of action.

You can drag the builder to consumer forum seeking refund of booking amount as well as compensation for the mental agony caused to you and also for deficiency of service.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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