Non compliance of amenities as promised by the builder

Rohit Telang (Querist) 19 August 2012 This query is : Resolved
Six months ago I purchased a flat in pune,near Wakad.The housing project is supposed to consist of 2 buildings.The building wherein I purchased the flat was completed first and the purchasers occupied the flats.The builder could not complete the construction of the second building due to infringement of Blue/Redline(there is a river very near to our building)The second building infringes on the blue line,hence PCMC which had first given permission later on withdrew it.
The builder is stuck up with the municipal and govr. authorities with the dispute.He has not obtained the OC as yet as the project is stuck up.The builder has built 2 floors of the 2nd building and the work is stopped.The builder is not ready to provide the amenities as he promised us in the brochour.He says that he has no money as he has lost money due to no permission from the PCMC to build the 2nd building.
I want to know what are our legal options?Should we approach the consumer court to get justice?We have not formed the society as yet but are in the process of doing it.Please advise.

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Adv Archana Deshmukh (Expert) 19 August 2012
You can file a case in the consumer forum and get your money back.

adv. rajeev ( rajoo ) (Expert) 19 August 2012
Yes you can approach the consumer court. Before doing so issue legal notice claiming compenation for his negligence

Guest (Expert) 19 August 2012
Is the promise of the builder in writing or just verbally?

Devajyoti Barman (Expert) 19 August 2012
This is a case for deficiency of service and unfair trade practice.
File complaint with the consumer forum and get all the reliefs you seek including liquidated damages.

V R SHROFF (Expert) 19 August 2012
MOVE CONSUMER COURT [FORUM]

JANAK RAJ VATSA (Expert) 19 August 2012
your relationship with the builder is guided by the terms and conditions as outlined in the agreeement. therefore , you should file a case in the consumer court for deficiency in service.

ajay sethi (Expert) 19 August 2012
agree with experts move consumer fourm for deficency in service andalso seek compensation

K.K.Ganguly (Expert) 19 August 2012
File a complaint before the local District Consumer Dispute Redressal Forum alleging deficiency in services against the builder claiming completion of the service promised alongwith damages & cost. You can file it jointly of severally. It is the cheapest & quickest legal mode to get relief.