The rights always are specifically stated in between builder and the purchaser. Legally, it is the duty of Builder to handover OC before claiming last and final dues. Maintenance in case of unoccupied flats depend on mutual assistance of existing owners and their collective efforts.
The limitation period for consumer complaint is two years from cause of action. Issuing notice is also cause of action. So first go through agreement, find out violations and issue the notice.
In consumer complaints there is no laid down law to use specific terms. Just find out the agreement term, quote the term in agreement with such specific time, and then point out the violation. In case of consideration, provide the actual amount due as per the work completed and file facts on such fact and facts and mode of payment. After placing all the information, allege deficiency of services one by one as summary points.
Before
District Consumer Redressal forum, ....
Complainant: .................s/o.................aged.........residing at......................that has purchased Flat No....with opposite party and entered into agreement on.............
Opposite Party: A builder with trade name...................................represented by....................in capacity as agent....................that has sold the Flat at........................and accepted consideration and promised for handing over flat on................with necessary occupancy certificate and other legal formalities.
Brief facts: Opposite party has to complete the flat and handover on...............as per agreement entered with him. The copy of Agreement Is Encl.....
Complainant has paid consideration on....1..........2......3....4....immediately on demand by builder. Builder has violated the following terms and conditions and there is a deficiency of services by builder as builder has not so far secured occupancy certificate from Municipality / Corporation and even without giving such possession certificates commenced demanding maintenance charges illegally without any such rights to him or without availing any such services.
There is deficiency of services due to following violations.
1
2
3
A notice was issued on......reminding your obligations and not performing the promises services, yet there is no response/progress from your side. Hence this complaint for deficiency of service. Hence this complaint.
Limitation period: The final notice Encl 2 was got issued by Regd post and the limitation period of two years starts from notice to opposite party, as issuing of notice is also a cause of action.
PRAYER:
