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palak (manager)     30 March 2010

Cheated by Builder

Hi,

 I bought a residential property in vadodara last year. Builder has given sub-standard quality of work. I paid everything, all amount. The stamp has been done and the same has been mortgaged by bank as i have taken a home loan.

Builder is keep asking extra one lakh which i am not suppose to pay. He is unnecessarily harassing me mentally. And he is not giving me possession of property.

 

Please advise me .Seeking your help.



 6 Replies

Suchitra. S (Advocate)     30 March 2010

File a case against that builder for deficiency of service in a consumer forum.

palak (manager)     30 March 2010

Suchitra thanks for your reply.

Hey , but i dont want my property to get disputed. its my lifetime saving. Can you let me know the procedure to file a case in consumer court? and is it really speedy process?

thanks

Suchitra. S (Advocate)     30 March 2010

Coming out from court with a judgment  is never a speedy process. And if you dnt want to file a suit then try to talk with the builder and come to an amicable settlement. For filing a case in consumer forum, you have to contact a lawyer in your area.

1 Like

bhagwat patil (Property due diligence 9422773303)     30 March 2010

in consumer court it is very slow process,better go to munciple town planning autharities, explain the matter explain the quality of work and the excess demand of builder,they can press the builder for harassment  as every point the builder has to go to them for certification.first u try this way i think it will do. if not legal option always open.  

1 Like

Chanchal Nag Chowdhury (Advocate)     31 March 2010

U need not worry about Ur flat getting stuck. The consumer court is the best place to go provided U have done Ur homework well. The trial is summary &should'nt take long.

Prior to the above U should lodge FIR against the builder &proceed to lodge a complaint u/s 156(3) CrPC charging him u/s 403/420 IPC amongst others.

Suryanarayana Tangirala (Advocate)     01 April 2010

U can approach Consumer forum,.Does you sale deed contain a clause of delivery of possession?Or Was it registered in semi construction stage?what abt time period for delivery of possession?after looking into these aspects u can Get a legal notice issued demanding him for possession,possession certificate also demand him to payment of EMI till he delivers the possession and damages,as he  as you have taken a loan,in so far substandard construction u can file a case for that even it amounts to deficiency of service.u can do a lot things my friend just start up.....


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