• Regarding delay in possession of flat

Greentech IT city Kolkata has kept me long waiting on possession of a flat I booked with them since 2013, as per deed of sale the possession was expected in 24 months.The value of the property was 27.20 L INR since its booking, In the recent past I have logged a complaint with consumer affairs for mediation process, I have prayed for giving me the bank interests along with immediate possession of the apartment in habitat condition else return me the entire amount with all interests incurred. Presently, I am keeping on paying the bank EMI's 
My question are
a) How long will consumer affairs take to initiate the mediation, what should be my course of action if the OP doesn't comply with my prayer. 
b) What is the amount of interest I can claim ?
b) Greentech IT city management has also stopped responding to any emails or phones they are highly unprofessional and have cheated many, can I claim compensation too towards mental agony and harassment.
Asked 2 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

Sir, instead of going for mediation, you should have filed a case in consumer forum, claiming damages for mental agony as also possession of property or principal + 18% interest per annum and costs. Nothing will happen in mediation, please file a compensation case straight away. Please call for more details.

Abhishek Dutt
Advocate, Kolkata
31 Answers
1 Consultation

4.0 on 5.0

a) Consumer Forum give results fast as compared to others it will depend upon how many cases are pending before them.

b) How much you have paid to bank plus interest yiu charge them.extra 10% interest.

c) Yes, mental harassment and financial crime against them.

Ganesh Kadam
Advocate, Pune
11752 Answers
114 Consultations

4.9 on 5.0

1. By consumer affairs, you mean the state consumer commission? Let the Court pass the order first. If the order is not complied, you may press for its execution.

2. Seek the same interest, which the builder used to levy from you incase of delay in payment of instalments by you.

3. Yes, you can and you must surely do that.

You can consider withdrawing your pending case if there's no headway in that and consider filing a complaint in the present matter before RERA.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

1)you can file complaint with RERA if builder has failed to deliver possession of flat within stipulated time

2) seek interest at 12 % pa for delay in delivery of possession

3) claim compensation for mental torture undergone by you

4) in alternative file complaint before consumer forum and seek orders to direct delivery of possession , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
79752 Answers
4811 Consultations

5.0 on 5.0

Dear Client,

Instead of going for mediation, should have filed complaint, Well, it`s an interim process to resolve dispute out of court and mutually, It don`t take time. after admission of application for mediation, particular date given by court to appear for mediation.Mediation is is not binding, if other party do not appear, No consequences, so i said, should have filed complaint.

6% to 9% per annual. along with mental agony, inconvenience caused, litigation cort, etc.

Why don`t u file FIR u/s 420, 406 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Dear,

as you that, you already lodge a complaint in consumer forum, so wait for the result,

you should get money with interest and if you want flat also, then you will get it also.

1- this process will take at least 2 years after lodge a complaint.

2- 18%

3 - when you did complaint. that time you should mention all the problems you faced in your

complaint.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. You must file the proper case before the consumer forum, there is no point approaching the mediation cell the settlement will not executable.

2. You can claim the same amount that they would have taken in case of delay of payment.

3. Send a legal notice and file a suit in the consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Dear Sir,

My answers:

a) How long will consumer affairs take to initiate the mediation, what should be my course of action if the OP doesn't comply with my prayer.

Ans: It will take 12 -18 months then another 6-10 months in appellate consumer court

b) What is the amount of interest I can claim ?

Ans: You can claim upto 18 percent but usually it will allowed between 8 to 10 percent.

c) Greentech IT city management has also stopped responding to any emails or phones they are highly unprofessional and have cheated many, can I claim compensation too towards mental agony and harassment.

Ans: You can claim compensation be sure that some medical other documents are produced in support of your such claim,

=================================================================================

Ration lad in the following case may be relied upon

State Consumer Disputes Redressal Commission

Post Office, Postal Department vs Umakant on 18 January, 2011

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,

STATE

CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,

PANCHKULA

First Appeal

In view of our aforesaid discussion the deficiency of service on the part of the opposite parties stands

proved on record and the same is not to be overlooked keeping in view the fact that the complainant

who is a labourer had sent the hard earned money through money orders but the same could not be

utilized for a long period of about 3 months by the person to whom it was sent. However, at the

same time we feel that the compensation awarded to the complainant to the tune of Rs.30,000/- is

on hire side as the money orders amount was only Rs.2,400/- and therefore in our view awarding of

compensation of Rs.3,000/- to the complainant would suffice to meet the ends of justice. We order

accordingly. The impugned order with respect to awarding of Rs.1100/- as litigation expenses is

maintained.

As a sequel to our aforesaid discussion, this appeal is partly accepted and by modifying the

impugned order direction is given to the opposite parties to pay a compensation of Rs.3,000/- and

litigation expenses of Rs.1100/- to the complainant within 60 days from today.

The statutory amount of Rs.15,550/- deposited at the time of filing the appeal be refunded to the

appellants against proper receipt and identification in accordance with rules, after the expiry of

period of appeal and revision, if any filed in this case.

========================================================================================

Proceedings of Consumer Courts

=========================================================================================

The procedure for hearing of cases in the consumer courts is laid down under Section 13 of the Consumer Protection Act, 1986. Section 13 states that consumer cases shall be heard as expeditiously as possible with minimum adjournments. Further the court must endeavour to decide the case within 3 months of the issuance of notice to the opposite party. Finally, in a blow to the ‘adjournment culture’, the Act states that if any party seeks adjournment, then the reasons for the adjournment must be recorded and costs may be imposed, if necessary.

The powers of the District Consumer Forum also extend to summoning witnesses and recording evidence. It can exercise all powers under the Code of Civil Procedure, 1908 to this effect. The court can also pass interim orders in the matter should the need arise so.

Upon completion of the hearing, the District Consumer Forum is competent to pass a broad judgment on a wide range of issues under Section 14. Section 14 of the Consumer Protection Act, 1986 states that once the hearings are complete and the Consumer Forum is satisfied about the defect in goods or deficiency in services, it can direct the Manufacturer/Service provider to do the following:

1. Remove the defect in goods or deficiencies in service;

2. Replace the defective goods;

3. Return the purchase amount to Complainant;

4. Discontinue restrictive trade practices;

5. Withdraw hazardous goods from sale and cease manufacturing them;

Kishan Dutt Kalaskar
Advocate, Bangalore
5651 Answers
235 Consultations

4.8 on 5.0

1. Unfortunately the mediation process due to its lack if adjudicating power ends in deadlock.

2. So I would advise you not to waste time anymore in this process and file a case before the consumer forum.

3. in the consumer forum you will get enough damages and compensation including refund with interest.

The conduct of the builder in your case make your case having good merit.

Devajyoti Barman
Advocate, Kolkata
21801 Answers
318 Consultations

5.0 on 5.0

a) How long will consumer affairs take to initiate the mediation, what should be my course of action if the OP doesn't comply with my prayer.

Answer: This could take minimum 1 year and maximum 3 years;

b) What is the amount of interest I can claim ?

Answer: You can claim maximum amount of interest almost around 50L for the loss suffered by you including the mental pain, agony and suffering you had to go through this;

This is my response to you:

1. Make sure you collect all evidences in your favour;

2. Also take printouts of all the emails and record all the phone conversations you have with them;

3. Use these in your arguments and you are good to go ahead.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Sir refer the matter before the Consumer court there is no meaning in mediation file a consumer complaint before the consumer court seek interest compensation and litigation fee there is no meaning in the wasting 6 months in mediation if nothing turns out of it.

2. You can claim interest upto 24 percent or 18 percent upto 12 percent interest can be awarded.

3. Yes hire a lawyer issue them a legal notice there is harsh delay you will receive handsome compensation for agony and mental harassment file a consumer court complaint peruse it no mediation there are judgements where good amount is paid as compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
116 Consultations

5.0 on 5.0

Firslty, ye story have rightly done so by filing application for mediation though they would be taking some extra time but may be the situation would get resolved.

Secondly, though I know that this may not work.

Thirdly, you please move the tribunal for property cases and then ask for interest plus while amount plus compensation for mental torture.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

a. Usually the cases gets wrapped up within few months, but it can not be said specifically how much time any specific case will take, only an assumption can be given.

b. 18% interest seems fair to put in your prayer, generally 10-12% is awarded as interest.

c. You can claim damages for mental agony and harassment too.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

1. The duration taken for disposal of a case in a court cannot be predicted, it may take even two years or more.

If you get an order in your favor and the OP is not obeying the court order, you may file an execution petition to execute the court order as per provisions of law.

2. The rate of interest is generally 18% p.a.

3. You should have claimed compensation in the main complaint itself, you cannot keep on filing fresh cases on the same cause of action for each and every relief.

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

1. There is no use in this type of mediation process since the builder has knowingly breached the terms of the agreement for sale. The builder might not appear for any mediation and if appears might not comply with his terms agreed before the mediator and in such case, you shall have to approach the consumer forum which you could have done now itself without wasting your time for the so called mediation.

2. Yopu can file a complaint case before the local District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming refund of the entire amount paid by you with interest charged by the bank for proving loan for such amount and for such period, damage and cost. You can charge 10% compound interest on the amount paid by you.

3. Yes, you should claim damage on account of mental agony, tension etc. as advised above in your complaint case.

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

It takes time as consumer court is over burdened will work. You will get the amount prayed along with interest as well as compensation for mental agony and torture

Prashant Nayak
Advocate, Mumbai
22641 Answers
49 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer