Right from the beginning the builder has kept me uninformed and harassed. 1. at the time of buying the apartment he told me a amount for registration and during the registration time he informs me that the valuation has changed and the difference is more than a lakh. I had to delay the registration to arrange for the difference amount 2. Once i had arranged, while registering, at the registrar office he says we need 20K bribe. Why didnt he inform me in advance? upon questioning i was told that this is the procedure else registration will not happen. I borrowed 20k and paid him in order not to further delay the registration. Now i am in a debt of 20k. 3. after registration he tells me to come and collect the keys. 4. when i go to collect the keys, he asks me for 30k as advance maintenance. The apartment was not yet fully completed, none of the amenities were ready, in fact its construction had not yet started. Only power back up and security was there. 5. Upon questioning about the charges the builder gets angry, screams at me for questioning him and threatens me over the phone. The builder is responsible and accountable to keep his customers informed. He has been very rude, arrogant and goon like. There are two parts to this case Part 1: Builder's miscommunication – due to this I am in short debt and the possession of the apartment is delayed and I don’t even have proper information of what will happen in such a case. Can I take possession later or can I take possession now and pay the maintenance later? There is no communication to keep me informed. Part 2: Builder’ s mishandling customer complaint: When a customer escalates a complaint to the MD, what is the role of the MD? Did the MD understand my problem and try to manage my issue? – No Was there a proper customer grievance process? – No Did the MD accept there was a problem? – No Did the MD acknowledge that there was a problem? - No Instead of solving my problem, the builder in turn has accused me of blaming him and has threatened me. I am stuck without possession of the apartment and without any possible solution or negotiation. This has caused a lot of mental agony, mental and physical stress and financial damage. I am not planning to occupy the flat immediately. it will be unfurnished and vacant. Do i still have to pay the maintenance? What if i dont take possession for another year, what will happen? is there something i can do about this as a consumer? Will filing a case in consumer court help?
1) you can ask him sale deed of flat in it all terms and conditions are mentioned including each and every cost, stamp duty and registration charges, GST, electricity charges, legal charges and advance maintenance charges etc.
2) If you don't take possession still you have to pay maintenance.
3) Don't go in consumer forum as the flat is in ready possession, don't make unnecessary conflicts, try to solve your problem by talking sweet with builder.
Dear Sir,
You appears to be very angry with builder but possession is nine points in law. My sincere advise is to take possession immediately at any cost as you have paid lakh of rupees. No consumer court give you justice. We can make run pillar to post later. Please come to my office for legal advise with documents for appropriate advise.
Go file a case in consumer court and lodge a complain against him in ur concerned PS
Has OC been issued by municipal corporation.
2) builder can deliver possession only after OC is issued
3) sale deed would contain clause that purchaser shall pay x amount as maintenance for flat in advance
4) the builder would not offer possession until said amount is paid by flat purchaser
5) builder would charge you maintenance even if you don’t take possession of the flat
6)it is necessary to peruse clauses in your sale deed to advice further
Sir please file a consumer complaint under sec 12 of consumer protection act claiming damages. Secondly file suit for damages and recovery of money for failing to perform part of contract by the builder.
Yes, this is a fit case to approach the consumer forum.
However, before going to the court, you must serve a Legal Notice upon this builder and sell redressal of all your grievances.
Contact a local Lawyer having requisite experience of handling consumer matters.
it is not about Money, if he was polite and courteous i wouldn't mind, but it is his arrogance that i want to address. How can he take consumers for granted? what is the upper hand he has in this case? The sale deed doesnot mention about these maintenance charges. I paid him money and bought an apartment from him and this is how he treats me. This is very insulting and hurting, especially my ego and i really want to know what can be done to teach him a lesson?
take possession of flat and pay the maintenance charges
2) litigation is long drawn and expensive proposition
What the real estate law enunciates:-
As per S.11(4)(d), the promoter shall be responsible for providing and maintaining essential services on reasonable charges, till the taking over of the maintenance by the association of the allottees.
Thus, the maintenance shall be reasonable.
Even, if you don't take possession, the transaction between you and the promoter has been completed as sale deed has been executed between both.
Tender a legal notice upon him, calling upon him to redress your grievances or else you will slap with appropriate civil and criminal cases.
All what your wish to communicate to him, could be addressed to him through this legal notice.
1) If you want to teach him lesson, first take possession of flat and than filed a case in consumer forum of your city. And mentioned in it that he has charged more money which is not mentioned in agreements and check whether he had applied for RERA.
Sir if agreement has no mention and if you have bank transactions to show that you have made certain payment you can proceed usually consumer forum will be in favour of consumers...
I would advise you to go ahead and file a case in the consumer forum against the unfair trade practices of the builder.
You are not required to occupy the flat.
Yes definelty filing a case before the consumer forum will help you.
Regards
You may serve him a legal notice as of now and also if after offering the possession you are not taking the possession then the maintenance charge can be levied by the builder. Note that possession can only be offered once the OC is procured by the builder.
Regards
I am not planning to occupy the flat immediately. it will be unfurnished and vacant. Do i still have to pay the maintenance?
If you are taking possession then you may have to pay maintenance and also you may not be able to claim the unfinished construction once you are inside.
What if i dont take possession for another year, what will happen?
You can ask the builder to complete the unfinished or incomplete constructions and then take over possession, you can very well demand and protest on this.
is there something i can do about this as a consumer?
You can issue a legal notice or file a complaint directly before the consumer forum venting out all your grievances seeking remedy, releif and compensation.
Will filing a case in consumer court help?
That will be the best solution for this situation.
it is not about Money, if he was polite and courteous i wouldn't mind, but it is his arrogance that i want to address. How can he take consumers for granted? what is the upper hand he has in this case? The sale deed doesnot mention about these maintenance charges.
I paid him money and bought an apartment from him and this is how he treats me. This is very insulting and hurting, especially my ego and i really want to know what can be done to teach him a lesson?
He cannot behave in an arrogance and disrespecting manner with the customers this way.
He can be dragged to consumer forum for his this type of undesirable acts.
If he has insulted then a defamation notice also can be issued to him seeking his explanation for his behavior and if the reply is not satisfactory then you can file a criminal defamation notice before the judicial magistrate court.
Dear Sir,
We can teach him in many ways because he is in business and his reputation is important for him. We can file criminal case under setion 500 of IPC for defaming you. You can also file civil case for compensation towards mental torture. You can publish pendency of such cases in media.
finally, i paid the maintenance of 30k as demanded by the builder on 2nd Feb ad collected the keys and took possession on the 2nd feb 2018, bu the builder has given possession certificate dated 30-sep-2017. Upon asking him to update the date as it is incorrect, the builder says it is internal policy. The builder is very adamant and arrogant and not willing to make the change. Rajdeep (the builder) collected 30k advance maintenance from everyone- as per rule the maintenance money should be deposited in a separate account and should have all bills and track record for expenditure. Rajdeep should provide this break up of the monthly maintenance cost - how much money deposited in the society maintenance account and how much is spent and on what. he is mostly using this money for his construction cost as well. the construction is not complete and he is still consuming light, electricity for the pending work and even labour cost. There is no security- anybody can enter the apartment anytime, no one to ask. Also, no register maintained with details visitors. the lift is also not working - he is saying the lift requires high power voltage and they dont have the setup yet. Another thing is, now he is asking for 30k for eKhata transfer. Why 30K for ekhata transfer? some residents went to a lawyer and asked about ehata charges, why 30K and the lawyer told them that Rajdeep (the builder) has not submitted some documents to the bank, The residents went to rajdeep and asked him why he didnt submit, to that rajdeep said he has submitted and because it is in mortgage, corporation bank will not give those document copies. why would the bank refuse to give any documents submitted... rajdeep has not submitted the documents and that is why he is charging 30k for ekhata Also, i approached HDFC bank for home loan transfer and they said that the builder has not sublitted some documents hence they have not approved the project. Now, how did corporation bank approve his project - why would he submit the documents only to corporation bank, or has he not submitted in corporation bank as well and could there be an adjustment between the bank and the builder? The residents of this apartment are scared and willing to pay the 30k for ekhata, but i am not willing to pay. There is definitly some scam and corruption here. Can i as a consumer fight it or what should i do?
Pay the Rs 30,0000 for ekhata under protest
Send a letter to builder that possession was delivered in Feb 2018 and not September 2017 as wrongly mentioned in possession letter
3) also request builder to submit detailed statement of account of expenses incurred till date
4) to provide lifts on working condition, to deploy security guards in the complex
5) if he fails to do file complaint against builder before consumer forum and seek orders to direct builder to provide lift in working condition ,post security guards etc
Dear Sir,
We experts cannot devote time for reading such big questions. Be brief. So that we can answer to the questions of others also.
Your doubts are natural and when you make a thorough probe you may find your observation to be fact.
You have an option to drag him to consumer court for relief and remedy as per your your original plan.
No need to give 30k
Protest against the same and approach the consumer forum for unfair trade practices.
Regards