Hi,
I booked a flat in under construction group housing society in NCR in 2008. As per allotment letter agreement the flat was to be handed over by march 2010. In January 2011 I inspected the site and found that the builder was raising a commercial building right infront of my flat. In the sales brochure this commercial building was shown as a single storied building not affecting the natural light, view and air ventilation of my 2nd floor flat. But the builder was now trying to raise it to 3 stories above ground adversely affecting my flat. I let the builder know of my objection but he refused to listen. I filed a complaint in the district forum and the forum was pleased to grant a interim injunction restraining the builder from raising the commercial building beyond the ground floor. Later on investigation I found out that the entire commercial building has been constructed in violation of the building bye laws and fire safety bye laws. In the meanwhile the district forum after hearing both parties confirmed the earlier injunction order by passing a final interim order in April 2011. In April 2011 also filed a separate complaint in the district forum for delay in possession with prayer to direct the builder to handover possession and penalty for delay. Builder filed a writ in Allahabad high court which granted a exparte stay on the district forum injunction order. After hearing my side the Allahabad High court vacated the stay. So now the injunction granted by district forum is effective. I also filed a writ in allahabad seeking quashing of building sanction given by development authority for the commercial building. Allahabad high court dismissed my petition and directed me to file revision (under section 41 of the UP urban planning and development act) before the revisional authority (housing and urban planning Dept.). I have file the revision petition and it is pending.
Builder has given possession to all other allottees except me. Builder called me for negotiation and threatened me that until I withdraw the complaint (against commercial construction in district forum that resulted in an injunction) the flat will not be handed over to me. I suggested that since I have paid him the full price he should be honest and handover the flat and the grievance toward the commercial building can be decided in the court but he refused. Builder is withholding my flat to build undue pressure on me. I have paid full price for the flat and have taken a home loan at very high interest rate. I am in severe financial and mental stress. From august 2011 to October 2011 developed cardiac ailments and was forced to stay on out of work. The medical tests revealed that I have developed cardiac Ishemia. The doctor told me that this is because of the stress and will permanently debilitate my life if I don't get out of the stressful situation.
How can I sue the builder for damages? The health problem developed by me seems serious.
Can I approach the National consumer commission directly as the damages will be surely more than a crore of rupees? The National commission should have pecuniary jurisdiction of my complaint due to damage claimed.
Does National commission entertain direct cases? I read several judgments where the commission directed the complainant to approach the district forum or state commission.
The damages incurred by me due to the illness caused by the stress developed due to the not handing over my flat is not covered in my complaint to the district forum (in the case related to delay in possession filed in April). Does that mean I can file a separate complaint in National commission specifically for damages?
