How to deal with builder
Sammy Anchan
(Querist) 06 February 2012
This query is : Resolved
Dear Sirs,
I have booked an office in a commercial building before construction began in April 2010 and the builder has asked me to pay 50% of the total amount as advance payment for my booking and the balance is supposed to be paid by me in installment according to the progress of the work , Today after 20 months the builder has decided to turn the commercial building into residential (for his own benefit) he has offered to either pay more and buy a flat or else he will return the money with 1% interest within 3- 4 months , since i don't have a budget to buy the flat , i am forced to accept the second offer of taking the money with 1% interest but considering the money has been lying with him for 20 months , also now with the same amount of money if i want to book a fresh office in the same area i will be unable to , as the price has risen by 1/3rd of what it was in April 2010.
Is there any way to reduce my loss in this matter i.e is it possible to take him to court with only the allotment letter of the aforementioned office?
waiting for your valuable advice
adv. rajeev ( rajoo )
(Expert) 06 February 2012
Whether builder has given any notice to you regarding changing of commercial to residential building? if not it is good because he will be under fault.
On the basis of the allotment letter and other documents like payment made etc., you can file case against the builder for possession.
V R SHROFF
(Expert) 06 February 2012
Only if your Agreement was Registered, you had remedy.
Try 420
Raj Kumar Makkad
(Expert) 06 February 2012
This is nothing but a violation of the terms of the agreement and thus a fraud. You have both remedies at the same time. You may file a criminal case as well as Consumer Case seeking compensation.
Devajyoti Barman
(Expert) 06 February 2012
Complaint to consumer forum would yield better results.
ajay sethi
(Expert) 06 February 2012
contact a local lawyer with case papers . you must have the prohject details . at time of booking builder must have given you a receipt . must have executed some document wherein he promised to deliver posession within stipulated period .
file complaint before consuer forum for deficency in service
prabhakar singh
(Expert) 07 February 2012
If you have three proves :
that it was initially a commercial project,
and you paid for a commercial project,
and you have the proof of payment,
and also that project has been changed,\
then visit a local lawyer and file a consumer complaint.
