Possession of flat not given by the builder
a mahajan
(Querist) 28 June 2014
This query is : Resolved
I booked a flat in Rudrapur for Rs.8.33lac in Nov 2010 and paid the amount as per schedule but the builder has been lingering on the possession. Though the registry was done in Dec2013 and complete disbursement has also been made after registry. But the flat is still incomplete and my repeated emails and recent letter by speed post has failed to generate any response.
Latest letter sent on 2 June 2014 and the builder's staff refused to have received the speed post though the website of Indian Post shows delivery on 25 June 2014.
For last almost three years I have been made a shuttlecock by repeatedly asking to call at Rudrapur site office, from rudrapur I was asked to contact the corporate office and the person at corporate office always gave false assurances.
I took loan for this property and have been paying housing loan interest and can't claim the deduction for 3 years.
At the time of booking builder had inserted a penalty amount of Rs.5 per month per sq feet for any delay in handing over the possession beyond one year from the date of booking.
So I have following queries:
Now please advice if I should lodge a civil case or approach consumer court?
As I am resident of Delhi and builder's corporate office is in Noida, sec 63, where to file the case,i.e., in Delhi / Rudrapur / Noida?
Also advice what should be the reasonable compensation?
Any other legal action which I may intiate.
Any lawyer interested to take up the case?
regards
mahajan
Suhail A.Siddiqui
(Expert) 28 June 2014
if u are going Civil matter suit for specific performance without going through your agreement could not advise.
Consumer Court will be better since u can ask interest compensation against mental agony etc.
Although its jurisdiction arise at the property existence place but in this matter Delhi/noida or ruderpur possible.
Dr J C Vashista
(Expert) 29 June 2014
I agree with the expert Mr. suhail A Siddiqui the jurisdiction of Rudrapur Court will be there for specific performance.
Engage a local lawyer in Rudrapur itself to take on your brief and proceed smoothly
V.T.Venkataram
(Expert) 29 June 2014
1.Consumer court is ideal.
2.Although the property is situated in Udham Singh Nagar district of Uttarakhand state,you will have to file the consumer Complaint with the district forum, C - 27 Sector – 12, Civil Court Compound, Noida, Gautam Budh Nagar. This is as per Section 11 of the Consumer Protection Act, 1986.
3. The amount of compensatio to be claimed is as follows
a] The total monthly EMI paid so far
b] If you are residing in a rented house, the total rent paid till possession with 18 % interest.
c] compensation for mental agony, though incapable of estimation, is moderately estimated @Rs.35,000/-with 18% interest till realisation.
d] Costs of the complaint
AND such other reliefs as the forum may it fit and proper in the circumstances of the case.
HOPE THIS HELPS !!
a mahajan
(Querist) 29 June 2014
Thanks for the reply.
V.T.Venkataram
(Expert) 29 June 2014
Since expert advocate Mr. Rajendra K Goyal is practicing in Gurgaon Court, you can request him to help you in filing the complaint
ajay sethi
(Expert) 29 June 2014
agree with experts . move consumer forum for necessary reliefs
a mahajan
(Querist) 30 June 2014
But Venkat ji this case pertains to Noida and Mr Goyal is in Gurgaon.
T. Kalaiselvan, Advocate
(Expert) 30 June 2014
Approach the expert advocate Mr.R K Goyal, if he agrees to take up the issue, you can go ahead with the consumer case through him as suggested by expert Mr. Venkatram.
V.T.Venkataram
(Expert) 30 June 2014
Mr. Mahajan sir,
The distance between Gurgaon to Noida is about 48 Mms, and i am aware of some of friends who are practicing in consumer fors's at both the places
