Delaying the construction of flat
Shahul Hameed S
(Querist) 09 December 2012
This query is : Resolved
Respected Sir,
I've booked a FLAT for my brother in chennai. Agreed to the conditions of the developers I paid advance payment Rs.11,00,000/- on MAR 2007 against the total FLAT value of Rs.55,00,000/-for booking the FLAT.
They promised to hand-over the FLAT in 2010. But now it is Dec 2012.
When I contacted the developer they replied that the construction is not yet started for the specific FLAT series which I booked.
Added that yet dont know the exact plan of starting the project.
What should I do now?
In the agreement they termed as follows:
"Without prejudice to the above right of
termination, if any payment is delayed,
interest @ 18% per annum shall be charged on all payments from the date of intimation
till full realization"
What shall I claim from the developer against my advance amount of Rs.11,00,000/-
Please provide me your kind advice for me.
Thanking you,
yours truly,
Shahul Hameed .S
Raj Kumar Makkad
(Expert) 09 December 2012
Though you have not cited the term favouring you in case of delay of possession yet the general law is that the developer is equally liable to be penalized in case he would have charged the penal interest.
It is better for you to go to consumer forum and file consumer complaint.
Shahul Hameed S
(Querist) 09 December 2012
Thank you very much for your kind advice Sir. Should I contact the developer before
filing it in the consumer court else go
directly to file it against them claiming my rights.
If your advice is yes to contact them first, what should I demand from them.
Thanking you,
yours truly,
Shahul Hameed S
K.K.Ganguly
(Expert) 10 December 2012
1. You can contact him but what is the use?
2. You can lodge a complaint case before your local Consumer Dispute Redressal Forum alleging defficiency in services & unfair trade practice claiming for the immediate handing over of the flat or rent at market rate till the flat is handed over to you, damages & cost.
ajay sethi
(Expert) 10 December 2012
ask for posession of flat . compensation for delay in delivery of posession . contact local lawyer and file complaint before consumer forum
Raj Kumar Makkad
(Expert) 10 December 2012
It should be good to once again contact in writing to developer and demand the desired relief in writing and should provide a reasonable time to him failing which only should go to consumer forum and should file a complaint.
Shahul Hameed S
(Querist) 11 December 2012
Thank you all my respected Lawyers for your kind advice.
It is very useful and helpful for me.
Shall I file complaint in my home town or need to follow the jurisdiction location mentioned in the terms of the company.
Please advice. Thanking you. ALL
Raj Kumar Makkad
(Expert) 11 December 2012
Jurisdiction shall be where cause of action arose and not your place of residence.
ajay sethi
(Expert) 11 December 2012
folow the jurisdicition clause mentioed in agreement
Raj Kumar Makkad
(Expert) 11 December 2012
Even if the contractual jurisdiction has been made at the place where no cause of action has arisen, your petition can be denied to be entertained as per law so better to file where such property exists.
