File complaint against builder before consumer forum and seek refund of your money with interest as per BBA
2) also claim litigation costs and compensation for mental torture undergone by you
Builder not paying cancellation refund as per signed Agreement
Due to financial difficulty I could not pay installments to builder. Builder sent me letter on 17th. June 2015, saying that as per the Builder Buyer Agreement (BBA) my booking would be cancelled if I did not pay the installment within 15 days from the issue of the letter. I could not pay. After that I have been asking for my cancellation refund as per the BBA. I have sent several reminders/letters and also met their managers but all in vain. I also filed a complaint with CREDAI on 9th Jan 2017 but CREDAI also has not done any thing so far. Finally I sent a legal notice to the builder through a lawyer on 20th. April 2017 but no response so far. What do I do? should I go to consumer court???? CS Prasad email [deleted]
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
Hello,
Yes you can file the case in the consumer forum, since you are just asking the builder to follow the Builder Buyer Agreement (BBA) you have a good case for consumer Forum.
Regards
The Builder is Vatika Ltd. Having their head office and the Registered Office in Gurgaon, Haryana. The residential project is Vatika Seven Elements in Gurgaon, Haryana. Subsequently in Jan. 2017 Vatika created a new company called Vatika Seven Elements Pvt. Ltd. with their corporate office still remaining at the same address as that of Vatika Ltd. in Haryana, but their Registered office in Delhi. The cancellation refund, according to me is about 43 lakhs. In which Consumer Forum should I file my case? Kindly give address of the consumer forum, whom in the consumer court should I address, and in which format should I make my complaint? Can it be done on line, or, I have to file the case in hard copy only. Regards.
Asked 8 years ago
You have to file your complaint before state consumer disputes redressal forum
2) the address of state commission local lawyer would guide you
3) complaint cannot be filed online before state consumer disputes redressal forum
4) get complaint drafted by local lawyer
Hello,
Usually the case in the consumer forum is filed through an advocate but in case you do not want to hire an advocate then you can get your case drafted from some advocate and can then file it in the consumer forum on your own.
The case can be filed at both Delhi State Consumer Forum or at State Consumer Forum, Chandigarh and the case is filed in hard copy only.
Regards
I also filed a complaint with CREDAI on 9th Jan 2017 but CREDAI also has not done any thing so far. Finally I sent a legal notice to the builder through a lawyer on 20th. April 2017 but no response so far.
What do I do? should I go to consumer court????
You must remember that CREDAI is not a recovery agency or authority. You will not get any relief from CREDAI because it is not buyer friendly though it may appear so, they do not listen to the plights of the buyer nor they are any law enforcing authority that they can put pressure on the builders.
You may approach consumer forum or the civil court for recovery with interest.
The cancellation refund, according to me is about 43 lakhs. In which Consumer Forum should I file my case?
You may have to file the case before the STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA.
which format should I make my complaint? Can it be done on line, or, I have to file the case in hard copy only
You can take the help of a local advocate for the format and other particulars and procedures for filing this complaint