Cheating by builder
Adv. Yogesh Pawar
(Querist) 02 February 2017
This query is : Resolved
Hello Experts
Please help very frustrated
I have purchased resale flat in 2015. The project is still under construction and developer is maintaining all the buildings. Building handover or society formation process has not yet done. Last week builder called for handover meeting but some members including me denied to handover process. Project is under Gram Panchayat area. Collector NA order available.
Reasons for denial of handover are:
1) Developer breached number of agreed terms.
2) Total 430 flats no basic water source. No drinking water from 3 years.
3) NA order of 7 floors in our agreement but developed 9 floors. He told told he issued new revised sanctioned plan. But not showing us copy and not taken prior permission of residents for building extra 2 floors.
4) We some residents refused to society formation and asked him to do pending work and settle our issues then only we will give our consent. To take revenge he stopped the water supply of building and saying there is no water in well and no money to buy water tankers. But his construction is still going on.
5) Very very bad quality internal and external plumbing. After every next day plumbing pipe broke.
6) Water leakage in whole building daily hundreds of litres water is wasted but we don't have water in our flat.
7) At the time of booking he has taken advance 2 year's maintenance from all residents and it is written in agreement that he will transfer all that amount to society account at the time of formation. But now he is denying to give our money and saying that all the money is spend on society maintenance.
8) Very cheap quality lifts. Automatically stops any time.
9) In summer season no water is available in well due to which daily tankers are required. Monthly water tanker expenses are around 4 lakh rupees. Whole project is depend on government water canal.
I have send number of letters and legal notice through advocate regarding this issues and asked him to rectify the errors and leakage in my flat, but till now he not done anything. Very rude and inhuman man.
Now we 2 residents wish to return the flat to the developer and ask to refund as per todays government rate. Can we do?
Please tell me what remedy is available and action should be taken against him?
Thanks and regards
Yogesh
Pune
Maharashtra
R.K Nanda
(Expert) 02 February 2017
send legal notice to builder that you want to return flat and demand refund of ur money failing which file consumer complaint in CF against builder.
Rajendra K Goyal
(Expert) 02 February 2017
May move as advised by the expert R.K. Nanda.
