Less in carpet area not refunded as promised previously by builde
The complaint is against the builders, from which i have purchased the Flat.
The Summary is that the Carpet area of the apartment is not same as promised during buying.
After continuous talks and disucssions for more than 5 months and measuring the place 5 times, they had agreed to pay the compensation, provided i get the Interior Wood work done from there own,interior desgins team. And they promised they will pay the less area compensation by adjusting in the Wood work bill.
Now after the Wood work is done, they are now saying that they will give certain amount and not the whole amount. They are suppose to pay me about 46,000 rs, but they are paying only 25,000 rs.
Now after me telling that i will take necessary actions, he mentioned that he vil not pay even a paise now. It is my hard earned money and i want justice for the area they have given me.
So please suggest do i hold a valid case against the builders? and if yes, how do i proceed with the case.
Thanks and Regards,
Vineet L N
Asked 3 years ago in Property Law from Bangalore, Karnataka
give a legal notice then file case in consumer forum
Advocate, New Delhi
if what was promised to in the agreement to sell & construction agreement is not delivered, you have a case against the builder, you also have his promise that he would adjust the difference in the final payment, issue a legal notice and take him to the consumer court.
1) issue legal notice to the builder . file complaint before consumer forum for deficiency in service and seek compensation
2) you have not mentioned what is shortfall in carpet area . if it was nominal then you should have accepted builder offer
3) case before consumer forum will go on for 2 years . take final decision after consultation with your lawyer
Builder committed Promissory Estoppel. If you have any documentary evidence regarding payment assurance that will be easy to obtain damages from builder side.
you can approach consumer forum under deficiency in service by builder side.