Yes you can file consumer complaint for the said flat for deficiency of service.
Booked a property, now no possession, possession date was 2018 March
Can we ask for refund after booking property . No agreement was done as it was not necessary before rera law that is in 2016. I have booked flat in Nagpur in 2016 before rera introduced in maharashtra. Booked under scheme 20% 80% payment. 20% paid booking amount and they wanted us to do 80% payment on possetion. No agreement necessary at that time as told to us by mahindra executive by mail also. After booking possetion date was promised March 2018 on mail from mahindra group. In 2017 lot of complaint came in media for poor quality construction at mahindra bloomdale same property. We were frightened and started asking refund. And builder was forcing us to register under rera law and we were asking for refund. Now more than one year passed for so called possetion date but it is not ready for possetion . Can we file consumer complaint for refund of 10 lac booking amount paid on the basis of just booking flat officially and not doing agreement to sale and no rera registration in 2017. I have all mail communication for proof what I wrote. Proof of receipt of 10 lac paid and 9000 rs vat paid on booking amount. Proof of bad construction in media. 8 complainants who made media complaint too.
Asked 6 years ago in Property Law
Religion: Hindu
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18 Answers
Builder has refused for refund (on mail) 1) he don't agree bad quality construction. They said it was a single flat problem which they rectified. 2) as I didnot make agreement and rera registration therefore they have not promised any possetion date. They give possession date in agreement only. But they have given me possetion date on mail in 2016 itself as March 2018. 3) in one mail last month they agreed to pay me 3.5 lac after deducting taxes and 10% agreement value deduction. Later on they send me another mail stating if I cancel I have to pay them 2 lac as a deductions as per their policy so no refund. Considering above 3 facts I am legally put a district consumer forum court case for cancellation of my booking and refund.
Asked 6 years ago
Yes you have taken right course of action. You will get refund and compensation
What about filing about delayed possession too? Or only deficiency of services How to raise compensation amount? Is it necessary to send notice before filing in consumer court. By email I have already send notice twice but they refused the refund.
Asked 6 years ago
Yes delay in possession is one of the factor proving deficiency of service from builder. It's a valid point. Yes notice will be a good factor. It's better you send through registered post but email is also ok. If you have already sent then you don't have to send it again file the complaint directly and claim the compensation for mental agony and torture and delay in possession
You have an option to file a case before consumer court and demand refund along with interest amounts.
You can file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
2) also claim litigation costs and compensation for mental torture undergone by you
3) rely upon correspondence exchanged with builder
If builder has failed to deliver possession of the property on due date you are entitled to refund of your money with interest
builder cannot deduct Rs 2 lakhs
Not necessary to send legal notice
you can directly file complaint against builder before consumer forum or RERA
You can make complaints against builder in RERA and Consumer Forum of your city for refund of money along with interest if builder has not fullfilled his words.
See a consumer complaint for cancellation can be filed before the district forum seeking refund and compensation as there is delay of possession as promised this deficiency in service.
Yes you can put a consumer complaint since there is default on there part and the date of possession is proposed by them on mail and they have not adhered to same you will get refund.
He has failed to perform his part of contract and this is deficiency in service.
You can ask rs. 1 lakh or so for compensation for mental harassment.
1. the email communication can be used by you in which the builder promised possession date as March 2018
2. based on that you can file a rera complaint against builder for refund, interest for delay and compensation
3. there is no need of any registered agreement
4. poor quality construction can be taken as another ground for seeking refund apart from delay
You can communicate your decision to cancel the booking owing to the inordinate delay i handing over possession of flat.
In that you can mention that since the builder has not kept up his promise to hand over delivery of the proeprty and it is more than a year and even after repeated request, there was no response, hence you have decided to cancel the booking and demand for refund of the booking amount with interest.
If the builder is not responding or cooperating then you may approach the consumer forum or even RERA for this and other reliefs.
The mistake from your side is that you have pointed out the bad construction of some other flat which is not your concern, you could have pointed out the bad construction if it had happened to your flat.
Well, even now the mail what they have sent you about the possession of flat will be an evidence agaisnt them hence you may very well drag them to consumer forum also for this deficiency in service and seek relief, refund and compensation for your hardships and mental agony.
The problem with you people is that you keep sending notices through emails which do not carry any weight.
A notice can be sent only once and after that you can jump into legal actions straightaway.
In fact you have not sent a legal demand notice, hence now you send a legal demand notice while communicating your decision to cancel the booking for the reasons that there has been an inordinate delay in completion of construction as well as handing over possession of the completed flat, hence seek refund of booking amount with interest from the date of booking.
Let them refuse to refund citing their own reasons, you may drag them to the consumer forum for relief and remedy including compensation.
Yes this will come under deficiency in service.
You must be having the receipts of the payment.
based on the same you may file a case against the builder before RERA and claim the refund
Have they registered the project under RERA?
Regards
Dear Client
you can file a complaint to regulatory authority of RERA under section 31 of RERA act
Section 31 "Filing of complaints with the Authority or the adjudicating officer" - The Real Estate (Regulation and Development Act, 2016)
States that Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter allottee or real estate agent, as the case may be.
this is the correct procedure for filing of complaint even if the builder is not registered under RERA.
you can also choose the way of consumer court also but rera would be much faster to get the relief you are seeking.
an the ground you should take for cancellation of flat should be delay in possession and use of bad quality material for construction.
- As per the information mentioned in the present query, makes it clear that the communication which you had with them, is sufficient in lieu of any legal notice to save the time.
- Executing of an agreement is not mandatory, but it is advised to have one so that you can go legally showing your claim as genuine.
- But, in your case, their mail would drive the purpose for you.
- You should file a consumer complaint in district forum if the amount is less than 20 lakhs otherwise in state forum. You will surely get your money back. And lastly do not tend to accept their any false promises now.
- Rest, you are free to call me at any time.
