• Vatika mindscapes scam

I ,Age-69years (Senior citizen), had bought a unit inVatika Mindscapes from Vatika Limited.
 Details of the properties mentioned
Project Name Vatika Mindscapes
Booking Date 29-Jan-2014
Allotment Date 30-Apr-2014
Payment Plan Opted DP (Down Payment)
Area 500.00 Sq. Ft.
Currency INR
The builder Vatika (Mindscapes) had promised in the allotment letter that the commercial space will be completed and ready to lease by 31/12/2015 and accordingly I will receive rentals @Rs 65 per sq.ft. for 500 sq.ft w.e.f. 31st Dec,2015.In the event the premises is leased any time after 31st Dec,2015, the developer (Vatika) shall be paying the rentals as per clause (61.1) 
The developer will pay at the rate of Rs 65 
per sq. ft. super area of the said unit per month as committed returns for upto three years from the date of completion of construction of the said Building or the said Unit is put on Lease and lease deed is executed in 
respect thereof, which ever is earlier. 
The commercial space was supposed to be completed by 31 st Dec, 2015 , as per the Builder buyer agreement , but till today the project has not been completed. It has been over delayed by three plus years. 
I'm a retired person and wanted a monthly income and relied heavily on this project and invested majority of my savings into it.
Please advice what can I do now
([deleted])
Asked 6 years ago in Property Law
Religion: Other

2 answers received in 10 minutes.

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16 Answers

You must file a consumer complaint in consumer Court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Dear Client,

Now you are entitle to absolute refund with interest and can withdraw from the project. Delay in delivery is on builder part. Approach consumer court. You can also file FIR agasint the builder.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

File complaint against builder before RERA and seek orders to direct builder to refund your money with interest 

 

2) in alternative seek compensation for delay in delivery of possession 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

As you are not covered in the definition of consumer so you have to file a civil case against the Vatika in the Civil Court as regular suit you may claim refund of entire amount along with the interest and Dental for the period that is agreed in your builder buyer agreement you may make the directors of the company e also party in this case

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

File complaint against builder before RERA as advised herein above 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

See if the project is not completed it must be in RERA file a RERA complaint before the RERA authority seeking cancellation of the booking on account of delay by builder and hence asking complete refund along with the interest.

In case the project in not RERA registered a consumer complaint seeking compensation for delay alternatively praying for cancellation and refund along with the interest. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

If the project is registered with RERA then file a complaint with RERA to claim the refund alongwith the interest thereof. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may send a legal notice to the builder before and file a case the case thereafter. 

You may get in touch with a local advocate at the earliest. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) You have to make complaint in RERA and in Consumer Forum along with all details. There are 100% chances that you will get interest on your paid amount and if you want refund your amount that too can be done.

 

There are so many citation on delay projects by builder.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You shall have to file a complaint case before the State Comsumer Dispute Redresal  Commission against the builder alleging deficiency in service and unfair business practice demanding rent equaivalent to the rent one is expected to get by renting similar  property in similar area, damage and cost.

 

2. You can also claim refund of the amount paid by you with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

File a complaint case before the State Consumer Dispute Redressal Commission (if the claim is for more than Rs.20 lakhs) as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file a consumer complaint against the builder.  You can also file FOR for cheating

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Dear sir 

First you should send a legal notice to your developer for paying the returns they have promised at the time of booking. And give him 15 days to answer and return your money. 

After that you should file a civil suit for recovery of mense profits of the property purchased by you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Issue a legal notice through an advocate and file complaint before district consumer forum and claim refund your money along with interest and compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Since the builder has delayed inordinately and also committed breach of trust, you may initiate legal action on this by first issuing a legal notice demanding your dues.

If there is no response or no proper answer then you may approach RERA or consumer forum for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You can send a letter in writing communicating your decision to cancel the booking due to the inordinate delay and non payment of rental amount as promised, hence demand the booking amount with interest ion the said letter and after that you may proceed legally against the builder.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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