Case against real estate developer in consumer coirt
Thomas
(Querist) 23 November 2012
This query is : Resolved
hi,
Kindly give ans in a few words only. I appreciate your time.
I have purchased a plot of land from a layout promoted by Alembic developers which is marketed by Citadel developers and marketers. I purchased and registered it 3 years back . After that many of my friends also bought plots in the same layout and subsequently registered them in their names. Development was happening at a slow phase then and now that all of us have paid in full, the developer has stopped the development activities. According to the company brochure a modern club house, roads, park etc were promised. However for last 2 years its in a abandoned state. We wish to proceed and file a case in consumer court in thus regard. We have the following queries.
1) We wish to file individual complaints against the developer and marketer. Should we just file against the each of the heads of these firms ?
2) None of the promised amenities are provided by the developer. Roads are given but not tarred. (Isn’t developer obliged to give tar raod when he promised road ??)Fencing is not proper. Park is not having any facilities. Club house not built. Electricity not provided. These things are clearly mentioned in the company brochure but NOT in the absolute sale deed but clearly mentions. Is that proof (brochure) sufficient proof in consumer court ?
3) We intend to appoint a lawyer for the case. Whats is the approximate fees he will charge(approximately) for one case. Likewise there are 40-50 plot owners, though not sue how many wll join for the case). So will he settle for a lumpsum fees rather than a individual basis ? How much does he charge ?
4) We have not formed an association. Is that mandatory to form one for the case? There are practical difficulties like non availability of address etc for the same.
5) Since there are 40-50 cases, we intend to authorize one among us who will attend the hearing in the court. Since all the cases are of same nature, how do we ensure that all these cases arecalled for hearing at the same time (so that the authorized person need to go to court only once )?
6) How may days notice court gives to attend a hearing. If the authorized person misses one sitting what will be the fate of the case ?
7) Usually how many sittings will have such cases have ? Is it required to hire a laywer to fight the developer who might employ one ? How long such cases prolong ?
8) In the sale agreement it is mentioned Rs 8Lakh per plot where as for some, the actual registration is done for Rs 4 Lakh. Will this anomaly pose a problem to fight the case ?
9) Having a case run in the consumer court, will it be a problem to sell our plots if a prospective buyer comes when the matter is in consumer court ?
10) Will consumer accept evidence such as photos (undeveloped layot), brochures (promising amenities)
11) We plan to seek a compensation for 5 Lakhs for each plot . How it is to be justified ? The opportunity loss by investing in this undeveloped layout and the mental agony we had to go though for a long time are sufficient reasons for this compensation ?
12) I heard there is a time period for registering such cases. In some cases registration is done 3 years back and some of us 23 months back. We did not put a case this long as we listened to developer’s promises ( he was repeating that amenities will be done in the coming year). Will court consider this argument and proceed with our case though we have crossed the time limit (2 years)set for filing a case ?
Devajyoti Barman
(Expert) 23 November 2012
1. No, in a single case the developer and its allied agencies can be brought together to be sued against.
2. No. Sale deed is the launch pad upon which only the deficiencies of service would be decide.
3. Fees differs. We never comment on fees.
4.Not necessary.
5.Yes then execute POA or Letter of Authority.
6. single miss would be of n harm. Notice is sent within few weeks of filing the case.
7.Should be around 1-2 years.
8.No.
9.No
10.Yes
11. Yes
12. No issues. It is continuing wrong.
ajay sethi
(Expert) 23 November 2012
file complaint against builder for deficency in service for fialure to provide amenities as promised , for compensation .
fess vary . we cant say how much a lawyer would charge for the case .
disposal of case would depend upon pendency of cases in the forum . claim is within limitation
Raj Kumar Makkad
(Expert) 23 November 2012
You want reply of experts in few words but have but have posted reply of thousand words. So in the given situation, I do agree with Barman.
