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Vaibhav Dixit (IIT Guwahati (B.Tech.))     11 September 2015

Advices please: builder delaying project.

Hello esteemed members,

I am in a quandary. I bought a flat from a builder in Delhi in December. The flat was under construction back then and it was promised that the flat would be transferred by 10 August 2015. The builder and I also signed a notarised agreement for the same mentioning every detail (Like the money already paid, occupation date of flat etc).

 

Now I have realised that the builder is deliberately not completing the construction and on being asked to return the money paid by me, he is delaying by giving redundant exuses. He owes me Rs. 35 Lakhs and he is insisting on paying the money in parts (cheques of 10 Lakh each over 2-3 weeks). He is asking me to cancel the agreement after payment of first cheque, a proposal that I outrightly denied.

Another option that he is proposing is that I choose another flat already constructed by him in some other area.

What legal action can I take?
Are there any precautions as well which are to be taken?

 

 

I will be highly thankful for any advice on this. The mental trauma of getting the hard earned savings getting stuck is too much.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     20 September 2015

You issue the builder a notice pointing out his breach of promise/terms of  the agreement hence you are terminating the contract and cancel the booking and instruct him to pay the consideration amount immediately failing which legal actions may be initiated against him after that if you do not get any proper response, you may approach consumer court with a complaint seeking compensations for deficiency of services and refund of the consideration amount with costs or approach a civil court for recovery of money with interest


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