File a complaint against the illegal demand in the consumer court
I booked a Builder flat in Noida Extn. In 2010 (Possession date 2012)which was Cancelled by the builder deliberated intension just by taking Excuse of fall shot of less payment of Rs. 5000. Builder Cancelled Allotment.The builder again booked new flat by changing the location and floor in a flexi payment mode in 2012 (possession date 2015).Now builder is demanding payment of increased area and escalation clause and other charges for Labour welfare and kisaan payment. Kindly let me know our right in respect of late possession, escalation charges. We have taken loan from the bank for the flat in question and We were living on rent. Kindly guide How to deal with situation
It is necessary to peruse agreement entered into by you with builder to advice
2) builder cannot increase area without your consent
3) if builder has delayed delivery of possession you are entitled to compensation for delayed delivery of possession
Builder has tremendously delayed the possession. You are entitle to full refund with interest or compensation for delayed possesion.
And you are liable to pay only cost of flat, no other charges. It is builder who will bear labour and kisaan payment. Complain to RERA and consumer complaint.
A complaint must be filed in the RERA tribunal immediately. He cannot take advantage of his own wrong by slapping various cahrges on you because of the delay he caused.
You can file complaint with rera or consumer court. You can claim compensation for the delay with interest. You can also pray for cancellation
The rights and obligations of both seller and purchaser are tied by the terms of the agreement.
So refer to the terms of the agreement to find if the demand of the builder is based upon such terms or not.
If not then ignore the demand of the builder.
Now if the builder stops doing its obligations in terms of the agreement you have the remedy for redressal before the consumer forum.
You can go through the conditions mentioned in the sale agreement.
You can demand penalty for the delay in delivering possession similar to that of penalty he demands for late payment.
You can issue a legal notice demanding the late fee.
Consult an advocate in the local and proceed as suggested.
- Since the possession date was 2015, then the builder cannot impose his fault on you, after charging labour welfare and kissan payment or in the name of increased area.
- The builder is bound to comply the agreement , and if delayed from the possession date given in the agreement , then builder is bound to compensate the buyer @ 10% .
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- You can send a legal notice to the said builder after mentioning that you are not bound to pay the said charges and due to his fault & delay in possession facing trouble.
1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.
Hello,
There has been a delay in possession already.
Please share the builder buyer agreement and other documents in order to enable us to give you a proper and concrete advice.
Regards
Send them a legal notice to clarify and if not satisfied you can file in the consumer forum.
Regards
Dear Sir,
You are suggested to go against the builder by serving the legal notice and then filing the case either in consumer court or in RERA.
1. You should send a legal notice to builder for compensation of delayed possession and waiver of inappropriate charges.
2. If he refuse to entertain your notice then You can file case against builder for compensation and interest due to delayed possession of flat and waiver of inappropriate demands of builder.