Cheated by sobha developers
L. Gupta
(Querist) 17 March 2014
This query is : Resolved
I bought a flat in 2011. That time the construction had just started. In 2012 many buyers including me got to know that there a big graveyard right in front of our balconies. My flat is on 9th floor so the view is very clear. We spoke to the builder but he washed of his hands saying that he himself did not know of the graveyard.
The flat was handed over in march 2014. Since two years I have been trying to sell it but obviously no takers are there. I can't rent it out as there are no takers because of the graveyard. We have been cheated badly by the builder. The builder is doing the same thing for other prospective buyers also.
My queries are:
1. Does this come under unfair trade practices by the builder?
2. Now that my life savings are stuck, what are the options for me?
3. Shall I try to speak with the builder first knowing that he is constantly unreachable?
4. What is the procedure of filing the case in consumer court?
5. What happens in these kind of cases?
6. I am forced to continue staying at a rented place as my family has refused to move in there because of the psychological effects they may have because of the graveyard. Does this also come in any kind of mental torture given by the builder?
7. What legal procedure should I follow to expose the builder?
Regards,
Anirudh
(Expert) 17 March 2014
What is the cheating involved?
He announced a flat - you bought it. That's to it.
If you did not do due diligence about the locality, suitability for you etc., it is your mistake, certainly not that of the Developer.
Further more, if you are not able to sell the property, it is your botheration not that of the Developer.
The Developer is legally obliged to give you the flat which you booked. Having handed over the flat to you, his job is over.
ajay sethi
(Expert) 17 March 2014
I completely agree with Mr Anirudh . it is your duty as purchaser to do due diligence before purchasing flat . you should have visited the site made local inquires before purchasing the flat . it is not your case that builder has sold you a flat wherein construction quality is poor . nor it is your case that proposed amenities have not been provided .
no case before consumer forum is maintainable . you will definitely lose the case
L. Gupta
(Querist) 17 March 2014
Thanks for the replies!
You are right from the builder's point of view. But at the same time is there no law which can control these builders to get in these unethical practices. We pay extra because we feel so and so brand will not cheat us. I do not have any written document but verbally they told that they were going to construct some mansion type villas right in front of our block that they never did. Now another complex is coming up there. You will be surprised to know that the builder sold the flat to me at a premium price saying the view is the best!! We now know it is the GRAVEYARD VIEW!!!
Anirudh
(Expert) 17 March 2014
All are your misplaced notions. Originally you talked about cheating. Now you are talking about ethics.What is the ethics that you are talking about?
Is it wrong for a developer to develop a plot of land, construct flats and sell it to the prospective buyers?
I know for certain that you might not have gone only for 'views sake'. In any case, as already stated, you ought to have done due diligence about the surrounding area. Having not done, you cannot cry now.
R.V.RAO
(Expert) 17 March 2014
difficult to to make builder liable.the principle is buyer always beware.
in Metro cities due to boom in real estate market,many frauds are taking place.any fraud you name,it is there.
not singly but in a group , a few of your flat owners can approach an advocate to file a case in a consumer court and either ask the builder to repurchase the flat or ask for a monetary compensation for causing mental agony and deliberate suppression of facts and causing monetary loss as you are living in another rented premises.
Devajyoti Barman
(Expert) 17 March 2014
Though case is difficult one but you can nevertheless try your luck by way of case filed before the consumer forum.
Sudhir Kumar, Advocate
(Expert) 18 March 2014
who stopped you to visit locality before buying.
He obviously got a building plan sanctioned so it is not illegal to have a DW opposite of graveyard.
Kindly visit Dilshad Garden Delhi and try to buy a flat (if you can afford) opposite graveyard.
Sudhir Kumar, Advocate
(Expert) 18 March 2014
Many cremation grounds of Delhi, [Green Park, Panchkuian Road, Navada, Yamuna Vihar], etc are right within residential complex sharing walls.
Marriage hall in front of house is bigger nuisance. Even place of worship as well.
V.T.Venkataram
(Expert) 18 March 2014
Your concept of "cheating" and "unethical practice" are figments of imagination. Please be careful in making false and imaginary allegations against any one as it may amount to an offence under IPC. As has been rightly pointed out by experts,there are thousands of properties in india which are adjacent to burial grounds, and there are lakhs of people who are purchasing such properties with full knowledge of the same.
Rajendra K Goyal
(Expert) 18 March 2014
There seems to be no deficiency of service, cheating or unethical practice. It is the purchaser who should be vigilant in purchasing property. Pure relation of buyers and purchaser.
As advised you may try your luck in taking legal avenue.
So far as nuisance is concerned, inhabitants of graveyard never create nuisance. If we are spiritual such a place reminds us truth of life and inspires always to do good to others. Better enjoy the position thinking of the positive sides of it.
Raj Kumar Makkad
(Expert) 18 March 2014
I do agree with the experts hence no more to add.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
Despite proper and elaborate advises/opinions by all the experts above, if you still believe that you have been cheated by the developer, you can do two things, first to lodge a complaint u/s 420 IPC and then file a complaint for deficiency of service before the local police station and consumer forum respectively..
Vijyant Nigam (09807349001)
(Expert) 20 March 2014
Filing of complaints is just like posting a letter in post office. Everyone is free and has right to lodge or file a complaint.
Merit or demerit of a case will be seen afterwards...
