Builder has given a non plastered bare concrete parking. Whereas his brochure and promise was state of art well painted and plastered parking. can I file for a 50% parking charge refund with interest or a proper parking with claim of interest for the period when i booked the apartment. last month association was formed but not taken Over from builder.
We have formed association last month and not taken over completly from builder as building jobs are not complete.but builder agreed to pay maintenance charges for his non sold buildings and corpus fund collected from us. but he's delaying for last one month without giving corpus fund of about 23 lakh.
Can i file a fraud or cheating complaint against builder by our association. Also as association is uncharged of building we have asked security to restrict their office staff and labours entry into building until he pays the promised corpus fund. any problem with that
It is a clear case of deficiency of service and unfair trade practice.
So you can indeed file a case before the consumer forum wherein the forum can direct the developer to make good the condition of the parking as per the sale brochure along with grant of damages and compensation.
Refund of any money is unlikely.
You can file a consumer complaint in this regard for deficiency of service. You can file cheating complaint but consumer court is better remedy
You can file a consumer complaint against the builder for deficiency in service and can ask for proper parking space and along with compensation.
For that association can give a legal notice and can file suit for the corpus fund against the builder.
As handover is not complete he can delay same if you restrictions staff further it is civil matter police complaint not possible.
Close the entry and issue him legal notice for either first complete the construction as decided or refund of amount paid.
Also complain to RERA and consumer complain also maintainable.
If builder has not completed the promise made as per the initial agreement and brochure you need to approach consumer forum aur state consumer dispute redressal Commission as the case may be
If the value of claim is less than 20 lakh rupees then you can add more than one person to make the amount of claim up to 20 lacs so that you can approach to state consumer dispute redressal Commission otherwise you can lodge your complaint with the consumer forum
Hi,
First of all it is suggested to do every activity with general consensus and with majority of minds. Because it is quite possible that the builder will connive with some members and Will create issues to trouble the members of the society. Further, with joint decision of members file suitable complaints against builder.
You can file complaint against builder before consumer forum and seek orders to direct builder to provide painted and plastered car parking slot as per the brochure
also seek litigation costs and compensation for mental torture undergone by you
also seek orders to direct builder to hand over corpus fund of Rs 23 lakhs
Don’t file cheating case against builder
file complaint against builder before consumer forum as advised herein above
This is a fit case to be filed in Consumer Court against the builder for deficiency of services and unfair trade practices adopted by him when you can seek compensation amount, repair amount, interest and litigation expenses from him.
You can also claim the corpus fund from the builder from consumer court, but firstly you should serve legal notice to him on behalf all the mobiles and given 15 days time to rectify the situation.
If he fails to do so, approaching Court would be the only remedy
Fraud and cheating case would not be maintainable against builder in the facts and circumstances of your case.
It is better, you approach consumer court or RERA.
You can either approach the Civil Court or the Consumer forum for the unfair trade practices. May the best recourse avail with the Consumer forum.
You should be aware of the law that the builder is not supposed to charge for the parking, hence how far he will entertain your claim is not known, however you can give a legal notice against him for this and drag him to consumer court for deficiency in service.
You can put pressure on builder frequently for paying the corpus fund held by him or else he may not care for it.
You can take legal action after allowing him some more time.
In my opinion you are taking a hasty decision in this regard.
You may handle patience, allow him some more time to make the payment so that you will be benefited with many more items that are required to be carried out by the builder including the pending issues.
Dear sir
You should file the case in consumer forum for demanding compensation for not delivering the promise. at time of booking of flat
