Builder not giving possession on time plus charging interest 24%
City, Ghaziabad in Oct2010 near Delhi the name of the builder name is Care group and the project name is Alien Court, there office location is at Janakpuri Delhi.
The total cost of the flat is around INR3350000(including hidden charge).
He promised the possession in Dec2012 as we had to vacate our govt accommodation till that time.
He was accepting the payments at regular intervals but did not give the agreement letter as it was
asked many times.Till date we have made the payment of INR 1920000 and now he is saying that
we did not made the payment as per CLP as we had to pay 95% of the total price of the flat therefore we have to pay interest at 24% but we did not signed at agreement or CLP agreement.
So can we claim the flat by asking the rent which we paid and along with harassment claim.
We are also ready to make the full payment(but without interest charge)
We have all payment receipts which has flat number and tower name on it.
Asked in Property Law from Delhi, Delhi
1) you are not liable to pay interest at 24 per cent as there is no clause in agreement .
2) rather builder is liable to pay you interest for delay in delivery of possession of flat by nearly 3 years
3) you can also seek recovery of rentals paid by you for flat taken on rent .
4) also seek costs for moving the consumer forum to direct builder to pay interest for delay in delivery of possession and for recovery of rentals paid by you
The MD of the project Mr.Anand Gupta care group tronica city has sent a letter stating that ' since you have not signed the agreement therefore we have cancelled your flat and you can collect the remaining payment by deduction the brokerage and admin charge' but we don't want money back as we want possession of our flat as we paid INR1920000 at regular intervals and ready to make the remaining payment(but the agreement was not signed) so can we put a case against him for the unfair trade practice and deficiency in service and claim our flat by making the complete payment by deducting the rent paid by our and harassment charges.
It is booked under the name of my mother and she is a Senior citizen, so due to this factor can we get an advantage.
Asked 1 year ago
1) in reply to letter mention that you were always willing to sign the agreement but for reasons best known builder failed to furnish copy of the agreement .
2) file complaint before consumer forum for unfair trade practice by builder and seek orders to set aside cancellation of flat by builder
3) since your mother is senior citizen you can seek expedited hearing of your complaint
4) also seek compensation from the builder
5) contact a local lawyer
advantage or disadvantage let the court decide it, being a senior citizen your mother can file the consumer complaint at Delhi.
You can file the complaint seeking revocation of the cancellation of the flat made by the builder, along with delay compensation for delay in handing over possession of the flat, this apart you can also challenge the illegal demand made by the builder of 24% on the delayed payment allegedly.
Contact a very good consumer practising advocate at Delhi and have the complaint filed there.
Being a senior citizen in a consumer dispute may not be of any advantage. However, your matter is a case of cheating and breach of trust so, without further delay file a complaint against the director followed by a complaint of unfair trade practices and possession of flat in the consumer Court.
You can very well drag builder to consumer forum as well as to the civil court.
To the first one for deficiency of service and mental harassment and compensations thereon
The second one with a suit for specific performance of contract on the basis of sale agreement ( even oral will do if there was no written agreement till date), on the basis of the periodical payments made towards the sale consideration price for which you have documentary evidences.
The arrogant and rogues in the name of such business cheat people to a great extent and they are to be taught proper lessons by even making a complaint with the Economic Offences Wing of Police for breach of trust and related economic offences in the name of some unilateral conditions.
Whether senor citizen or not, such cases will be dealt in the same manner for every one.
1. It was a mistake on your part to have made the payment before the agreement was executed. No amount should be paid to the builder unless and until an agreement has been signed between the prospective buyer and the builder/authorized representative of builder.
2. Since you have all the payment receipts you can file a lawsuit against the builder to seek specific court directions to him to register the sale deed in your favour and deliver the possession. This apart, you can also claim compensation for delay in the delivery of possession.
3. Your mother does not qualify for any privilege in the judicial process on account of her seniority in age.