Builder not returning excess amount collected

Dear Sir,

     My wife and her own sister (married) have purchased a 3 bed room flat in Vizag, A.P. from a builder which was registered (Aug 2012) in the sale deed for 1350 sft on their names. In the sale deed it is mentioned as "1350 sft including common areas and balconies and a car parking of 100 sft".  We paid the amount for the 1350 sft.  

     On the day of house warming, friends advised us to chek the correct plinth area of the flat as they doubted it.    We asked to replace certain items in the kitchen and toilets as we found low quality items and for that purpose we handed over the keys of the flat.

     After several days we approached the Builder and requested her to measure it and after measurement it was found that the flat is less than 1000 sft.  Then we requested her (builder)to return the excess amount she collected from us.  She rejected saying some false excuses.  We tried to solve it amicably through mediators but for no avail.  The keys are with the builder only as she did not return after the work in the kitchen is over.

     As things stood thus, we issued a legal notice to which she replied with some unacceptable reasons and instructed us to pay more for the repair works.  Then we filed a complaint through an advocate in the Consumers Forum of Vizag.  The other party did not respond to the summons.  After one year or so the Forum delivered a judgement stating that the issue does not come under the purview of Consumers Court and advised to file a suit in the Civil Court.

     We understood that, though the builder dealt the deal with us, in the sale deed it was found that she has already sold the semi finished flat to her sister who in turn sold it to us.  This we failed to notice and even our advocate also failed.

     Now my request is how to settle the dispute legally and redress our problem.  The keys of the flat are with the builder.  We are losing a monthly rent of Rs.15000/- each.  Please reply.

     Thank you,

 - Ramesh


As I see it, your wife and her  have a registered sales deed of a property in their names which someone else is occupying. So the occupancy is illegal. Logically, Police report should have been made and action pursued from thereon since a case for illegal occupation lies.

Your recovery of excess amount paid is a separate case altogether. If you were simply buying  from a sellor - the sellor not being a regular sellor of a product or service - the case doesn't lie in Consumer Courts purview. The Court- and your advocate - should have told you this in the beginning itself.


DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.




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