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Nitin   14 June 2023

Case against builder

Dear All,

In year 2021 a builder contacted me and offered me to purchase a under construction flat as he was in need money.

We mutually agreed upon a agreement,  where he specifically stated that he is doing sale deed of under construction flat , and will complete the project in 8 months and in case , he failed to complete the project within promised time.  He will pay Rs 25000 per month as penalty of delay till the completion of project.

But now from last 6 months builder is neither completing the project nor paying any payment as agreed in agreement.

Please suggest legal action. 

 

 



Learning

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     14 June 2023

File a case against the builder in the District Consumer forum.

T. Kalaiselvan, Advocate (Advocate)     14 June 2023

If the agreement is in writing and by a registered document, then you can file a suit for specific relief to get the sale deed registered in your favor as well as to compensate the agreed amount for the delay in completion of construction.

Nitin   15 June 2023

Sale deed already registered.

Dispute is not completing the interior work of flat and he is not paying Rs 25000. Pe month as mentioned in registered agreement.

 

Dr. J C Vashista (Advocate )     15 June 2023

You have the options for filing a consumer complaint before competent jurisdictional Consumer Disputes Redressal Commission for deficiency of service

or

complaint before concerned RERA for non compliance of promised amenities

or

civil suit for specific performance before Court of jurisdiction.

Sudhir Kumar, Advocate (Advocate)     15 June 2023

You can choose any of the hree paths.

Advocate Bhartesh goyal (advocate)     15 June 2023

Builder's  such act amounts his deficiency in  services and unfare trade practice so you may file complaint before District Consumer Commission for your  grievances  and also claim compensation towards mental and physical agony.

T. Kalaiselvan, Advocate (Advocate)     15 June 2023

If the builder has breached the conditions of agreement you are eligible for initiating appropriate legal action against the builder for necessary relief as per procedures of law 

Dr. J C Vashista (Advocate )     16 June 2023

It is appropriate to contact, consult and engage a local prudent lawyer for proper analysing facts, professional advise and necessary proceeding


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