Apartment not delivered even after 3 years of deadline
John S
(Querist) 30 April 2013
This query is : Resolved
Hi, I booked an apartment at Cochin in 2008 December. I haven't got the apartment till date (April 2013). They made me sign an agreement saying they will provide compensation of 7000 per month if they delay the project delivery, no matter how long. However there was another clause where this compensation will not be provided if I miss to pay the Installment on time (per agreement). Since I had taken a Loan for 30 lacs from SBI and we had a tri-partrite agreement where SBI was supposed to provide the installment on a monthly basis. However SBI delayed the installments many times saying the Project was not advancing per timelines. Finally I am unable to get any compensation since SBI failed to pay the installment on time. Now I have paid around 10 lakhs to the Builder and around 15 lakhs as Interest to SBI in past 3-4 years. Still I havent got the apartment I still have more than 30 lakhs to be paid to the Bank. Please advice if I have any legal point against the builder to file a case at Consumer court. Thanks, John S
Devajyoti Barman
(Expert) 30 April 2013
This is a clear case of deficiency of service. File case before the consumer forum. you would get justice.
Raj Kumar Makkad
(Expert) 02 May 2013
File a consumer complaint and demand possession with the damages and interest over your investment,
John S
(Querist) 02 May 2013
Thanks to both of your Sirs. But my query is since I had signed an agreement that I am ready to wait, no matter how long it will take for completion, does my consumer complaint hold any value?
Second thing, they are ready for some temporary possession now, but there is no lift facility since Electricity board has not sanctioned the Power for public areas.
And we havent given full payment. Out of 37 lakhs+taxes around 1 lakh is yet to be paid. So they are saying if we pay fully then only we will get possession. Should we pay that before going for consumer court?
