If he is a service provider you can approach to consumer court against him for deficiency of service
Hi all, I booked a house on 6th Apr 2018 from Mr.V.C.Srinivasan, Having Office at No.4/341, Old Mahabalipuram Road, Kottivakkam, Chennai -41, completed the final payment 27 Jul 2018. After that when I asked when him when you will complete the house, he shouted at me and asked him to contact site manager. After that site managers kept on assuring the work will be completed, also mean while two site manager resigned. From Jan 2020 there are no site manager to contact. Work pending is Lift work Parking allotment construction of guest house. last call with Srinivasan was on oct 2018 when he shouted on me and used foul words, after that he never answered any call till now, also sending whatsapp and SMS and did not get any response. The house is a apartment, where ground floor is parking, 1st floor is occupied by Srinivasan friend Raja on May2018. I can’t move to that house as my house is in 2nd floor and my parents are old, can’t get in without lift installed. Want to take this legally now, want to know how to proceed on this issue. House address: 2nd floor, House No24-A, Jayaram Nagar, Teachers Colony, 1St Cross Street, Thiruvanmiyur, Chennai, 600041 Thanks, V. Sriram
If he is a service provider you can approach to consumer court against him for deficiency of service
Hello,
as of now send a legal notice to him at the earliest and of he doesn’t rectify the things thereafter then file a FIR against him.
filing a FIR will be fruitful as the same will create pressure on him.
regards
You must have execute agreement, date of delivery must be in it ? If delivery date passed, file FIR agasint builder. You can also file consumer complain for compensation.
What you want now ? Refund with interest + compensation or house with complete construction. Both possible through FIR and consumer complain.
What is delivery date ?
issue legal notice seller to complete pending work within period of one month as full payment has been made in 2018
2) if he fails to do so file complaint against seller before consumer forum seek orders to direct seller to complete pending work within stipulated time
3) seek litigation costs and compensation for mental torture undergone by you
Hi
File a complaint against the builder in the consumer court.
Send him legal notice first and then file a complaint after giving him a 15 days reply period.
Thanks
1. You have an option of filing a Grievance Petition before the local Consumer Court, against the builder, for his illegal trade practices, negligence, deficiency, harassment etc.... with supporting documentary evidences and claim damages & compensation for the mental & physical trauma being caused to you.
You issue a legal notice demanding the completed house property to the vendor.
Let him give any reply.
You may approach district consumer forum for getting the reliefs of possession and also for compensation for deficiency in service.
You may consult a lawyer in the local and proceed as per the advice received.
From examining all the facts of your query I want to say that-
Sriram,
These cases are very common in various courts of India and Supreme Court of India. I can understand your problem in this regard. There are already some cases against VSU Properties Pvt Ltd. Today the real estate industry is one most flourishing industry in India. The demand for residential and commercial property is increasing constantly and so is the number of builders and developers who offer special features to attract prospective buyers. A very important role is played by builders and developers in the redevelopment of housing societies.
The increase in the demand and the offered promises does not ensure that the promises will fulfilled on time. I have observed in various cases in Hon’ble Supreme Court that non delivery of possession on time is one of the major areas of conflict between the developers and the buyers. There are numerous cases where builders have taken more than the required time to finish projects while leaving home buyers to suffer financial loss. Late government approvals, getting the completion certificate, delay in getting raw material, cement and steel procurement, manpower delay etc are some of the major factors that contribute to the delay caused in handling over the possession to the buyers. Whatsoever be the reason, the delay in completion of the project affects the overall budget of a developer and has a direct impact on the buyer.
You might know that the Consumer Protection Act is the Act which seeks to provide for better protection of the interests of consumer. Any person who hires any services for consideration is a consumer under the Act. It provides remedies to a consumer against deficient services. When a land is allotted or developed by a statutory authority or it constructs a house for the benefit of a common man, it is as such, “service” as by a builder or contractor. When the possession of the property is not delivered within stipulated period, the delay so caused is denial of “service”. Such disputes or claims are termed as deficiency in rendering of service of particular standard, quality or grade. A person who applies for allotment of building site or for a flat constructed by the Development Authority or entered into an agreement with a builder or a contractor is a potential user and the nature of construction is covered in the expression “service” of any description. Thus, the Consumer Protection Act provides protection against the malpractices of the builders and developers. Any person dissatisfied by the services or delayed delivery of possession can approach the consumer forum for his redressal. The consumers can approach the Redressal Forums for deficiency in service at different stages of housing.
Please understand that in such type of cases buyer definitely gets the compensation from the builders for physical and mental agony but it can take some time in courts in India.
A buyer who is the victim of the unfair practices of the builder can approach the following forums for his redressal:
You can also send the legal notice to Mr.V.C.Srinivasan through Advocate. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalizes bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
You may contact my secretary to connect with me for clarification.
Gopal Verma,
Advocate-on-Record & Amicus Curiae,
Supreme Court of India
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.
File a complaint in RERA authorities seeking direction to builder complete the unfinished work and claim compensation for loss and damages and inconvenience caused to you.
1. You can send a legal notice for refund of money paid along with interest and compensation on ground of delayed possession and no response from builder.
2. If he doesnt respond to notice then you cal file case with consumer forum against builder for refund of money along with interest and compensation for mental harassment and agony suffered due to delayed possession.
Dear Sir,
You can file a complaint against the builder in the consumer court. Your agreement should be entered properly and proper stamp duty should have been paid. You should get your transfer executed from the builder or intimated him as might be stated in the agreement for sale entered between the 1st purchaser and builder.
Need to go through your agreement and the chain of agreements since the 1st purchaser till your transaction.