Consumer law
S.D. Singh
(Querist) 26 February 2014
This query is : Resolved
I booked a flat with a builder and paid 50% advance. Builder was to complete the construction and give possession in 1 year. On of the condition of allotment letter was that at the option of allottee, builder shall buy back the flat at market rate or sale the flat in open market and profit shall be shared 50:50, and till then, builder will pay interest. But the Builder neither constructed the flat, not paid the due interest. Customer filed FIR u/s 406/420 in which builder/director obtained bail. My question is whether I can also file case in consumer court. Am I consumer as per C.P. Act. What other civil remedy available for recovery of amount.
V R SHROFF
(Expert) 26 February 2014
YES
you can go to consumer forum, as well as in civil court for specific performance and damages with interest ..
ajay sethi
(Expert) 26 February 2014
you can file complaint under consumer protection act for deficiency in service . ask builder to deliver possession pay interest as agreed upon . you can also file suit for specific performance
Rajendra K Goyal
(Expert) 26 February 2014
Well advised by the experts, agree to it.
Advocate Bhartesh goyal
(Expert) 27 February 2014
You have both option as advised ld experts but better file complaint under the provisions of Consumer Protection Act as huge amount of court fees has not to be paid in consumer compalint and claim therin the amount paid as advance with interest and also claim compensation towards mental and physical agony caused to you.
Advocate Bhartesh goyal
(Expert) 27 February 2014
You have both option as advised by ld experts but better file complaint under the provisions of Consumer Protection Act as huge amount of court fees has not to be paid in consumer compalint and claim therin the amount paid as advance with interest and also claim compensation towards mental and physical agony caused to you.
S.D. Singh
(Querist) 15 September 2014
Whether filing consumer complain will have adverse effect on criminal case.
