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File a consumer case against builder

Page no : 2

Nishant   23 June 2015

First of all, dont stop payments for the reason that builders may use this as welll as an excuse for delay in court. If demand for payment has a correct correlation with construction status, you must pay on time. Secondly, file for consumer case asap if you satisfy all the pre-requisites:

https://go4reviews.in/2015/06/full-proof-way-to-ensure-consumer-case-victory-against-builder/

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 June 2015

This dialogue was started 2 years ago by a complainant. After that 3 more different complainants have come down here one by one over a period. The last one is 6 months old. The reply is also 6 months old. What is the purpose of advising him now. Right or wrong whatever he wanted to do he would have done now. Also if a person has a complaint he or she should not tag on to another previous complaint of another person. That amounts to showing scant respect to the members of LCI. This is no group discussion.

Nishant   25 June 2015

The response was meant for anyone with a similar case. Since this is available on public domain, others may be benefitted too. My idea was not to disrespect anyone. Still, I apologize if I did.

k gurumoorthy (EXECUTIVE DIRECTOR)     23 August 2015

good morning .i am president of lotuspond resident welfare association.the builder is vijayshanthi builders limited chennai.it is a gated community of 1328 flats situated in omr (i.t.highway) in thaiyur village,kelambakkam post ,kanchipuram dist.the builder started constreuction in 2009 and started giving occupation in 2012 and still 200+flats are yet to be sold.i bought at 3000/sq ft and another 410 /sq ft towards car park mes stp corpus fund two year maintenance etc.i bought at 2013 auhgust and now rate is 2500+ /sq ft.other charges also reduced drastically.even after three years of giving possession builder has not completed any one of amenities,no sustainable source of water,no stp,no second lift,no fire hydrant system,no rwh or rain run off system,no solar photo voltaic cells,no cc tv cameras no door acess system 80% of common area lighting is gone lift licence is only partly done and expired.no name change of common area eb,individual house eb,lift licence etc.two years maintenance fee was collected with flat amount.in november 2014 suddenly builder informed that two year maintenance period started in sep 2013 itself retrospectively and they will do it only upto august 2015.we have filed on behalf of association section 9 pettition requesting arbitration and request for interim order  to continue maintenance  upto the periob arbitration is heard and awarded.while court proceedings are on suddenly in june 2015 he bsaid he exhausted all money and also sent letter to all that he has handed over the project to our assn.we have filed contempt pettion.in the meantime builder has sent one letter that he will not pay eb bill due on 18/08./15.but he paid on 21/08/15 saying he paid from corpus fund.he says from sep 2015 one splinter group calling themselves flat owners association and all house owners has to pay them rs 2.50/sq ft computed for 6 months and pay on or before 31st august.we have contested his letter for non paying the eb bill and present letter of promoting another assn has been contested under same section9 pettition

from the day association is formed he is giving personal torture to me by stopping water supplies,choking the toilet etc.

pending section 9 pettion can we approach consumer court also?either me or other members.we want our investment with interest and also compensation for harassement and hardship.

there is no environmental clearance.no tnpcb noc.tnpcb has given notice under epa act and separately under water pollution act and contemplating further action.fire licence not obtained.they also issued show CAUSE NOTICE.no completion certificate

please advice


Attached File : 221238 20150823113820 65642727 legal notice.pdf, 221238 20150823113935 65642727 vsbl oa.doc, 221238 20150823114016 65642727 counter affidavit.pdf downloaded: 125 times

k gurumoorthy (EXECUTIVE DIRECTOR)     23 August 2015

further to my message as above my mail id is lpwelfare@gmail.com

mobile 9940668365

i am also attaching few more files


Attached File : 221238 20150823114842 65642727 oa 84 corrected rejoinder.docx, 221238 20150823114916 65642727 vsbl oa.doc downloaded: 71 times

Nitish Banka (lawyer)     27 January 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

Nitish Banka (lawyer)     12 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

 

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