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Cheated by builder

(Querist) 31 July 2014 This query is : Resolved 
Hello sir,
I've purchased flat from a builder in 2009 by filling an application form and was promised that possession
would be delivered in 2 years.They also told me to execute buyers agreement which I delibrately delayed executing as my lawyer friend advised me that it contains conditions which are heavily loaded in favour of builders although an allottment letter was issued in my favour.Almost 90% of payment were made by me in 18 months from the date of booking yet no possession was delivered till may 2014 though it is ready to be delivered now.I deposited the remaining 10% in may with them.They told me to execute the buyers agreement and also told me to execute indemnity bond and maintenance agreement which i again refused and my lawyer friend argued with them that as the full paynment is paid therefore sale deed should be executed .The builders argued that application form contains conditions that the purchaser will execute buyers agreement as and when demanded by the seller and the purchaser is bound with the maintenance agreement of the seller.They also told us to deposits funds equivalent to the stamp duty charges;registration charges etc and deposit maintenance security.They told me that no sale deed would be executed without the completion of aforesaid formalities.However my lawyer friend served them notice citing sec.55(c) of the transfer of property act and called upon them to execute the sale deed without any further delay to which they replied that the aforesaid formalities should be completed before the request for the sale deed would be entertained.As we were planning to drag them to the court we discovered that they have bifurcated the flat in 2 parts where they were selling the unfinished flat and acting as service provider for the finishing of the unfinished flat.They have even taken funds in the separate firm for the finishing charges and i have applied for the unfinished flat in the application form and there was also different agreement for the finishing work.While in their brochure they were showing the full finished flat and its specifications.But in the buyers agreement they have removed the finishing part.As we were planning to file case in consumer court for delay in possession,we discovered that they have been granted completion certificate for the unfinished flat in the period where they have promised possession and they have gone on leisurely while doing the finishing work of the flat.Dear Sir,should i file a case in consumer court for delay in possession when they have completion certificated granted to them in that period and what would be my prospects of winning this case.
Devajyoti Barman (Expert) 31 July 2014
Yes, it is a good case for consumer forum.
You can apply for necessary reliefs as well as for compensation.
Rajendra K Goyal (Expert) 01 August 2014
It is a good case of consumer forum.
ajay sethi (Expert) 01 August 2014
it is better you reach an amicable settlement with builder . execute maintenance agreement and indemnity bond sought . builder will execute sale deed . since building has got completion certificate take possession of the flat . only then you move consumer forum if you so desire for compensation
T. Kalaiselvan, Advocate (Expert) 03 August 2014
You may better go for an amicable settlement with the builder because the court cases will drag on for years, by then he locked house will get damaged without being used whereas you will be paying your EMIs for unused property, think and act wisely. Option to approach consumer forum will sound very good now, but once you are there inside, you will realise the practical difficulties.
prabhakar singh (Expert) 03 August 2014
Proving it incomplete would be tough task in presence of completion report.True!Builder's buyer's agreements are always pro builders,almost exparte but buyers have to go with.
All money you have passed.Consumer Forum can not grant you relief of specific performance.Better follow them to have a sale deed and possession where after you can seek compensation.
ashok kumar (Querist) 03 August 2014
Dear Sir,Ive decided to sign all documents as directed by the builder and have decided to drop the idea of dragging him to the court.The value of flat has doubled since the time of booking.Moreover the builder will be maintaining the society and i should avoid being in his bad books by dragging him to the court.
Heartfelt thanks to all the experts who helped me arrive at this decision by clearing doubts in my mind.Thanks alot.
ajay sethi (Expert) 03 August 2014
thanks for your appreciation .


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