Civil Procedure Code (CPC)

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Souradeep Bharti   22 May 2020

Homebuyer dilemma

My mother had paid half an amount for a flat in a big township near Chennai back in 2013 but did not get her flat since the construction of that part of project stalled due to some lawful reason. She is being given other options by asking her to pay some more money but she thinks they are not viable anymore for her and wants her money back. What is the best course of action to resolve this? Thanks in advance.


 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 May 2020

Hi,

You have to take legal action against the builder as builder has failed to handover possession of the flat in prescribed time. You can send legal notice to builder and later on file complaint before consumer forum against the builder.

Regards,

 

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     22 May 2020

I agree with the opinion of Expert Mr. SHIRISH PAWAR,

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 May 2020

1. You have an option of filing a Grievance Petition before the local Consumer Court, against the builder, for his illegal trade practices, negligence, deficiency, harassment etc.... with supporting documentary evidences and claim damages & compensation for the financial losses and for the mental & physical trauma being caused to you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     23 May 2020

Because the subject issue is on flat, and builder might have followed a similar practice earlier, you may try to establish contact with other flat owners.  At the same time your mother can demand a refund of the advance paid if there is misrepresentation while entering into the contract with the builder.  As you have informed that construction was stopped, the presumption is that builder has resorted to violations.  Hence as a purchaser you can legitimately demand a refund.   On the other hand, if the builder really spent amounts towards regularising the construction and incurred reasonable expenditure, depending on the escalation in the market value of the property, you may consider other options also and raise the loan and purchase property and then dispose of for a good price so that you can cover interest costs for amounts locked with the builder.

Triomec Legal   23 May 2020

Before filing a case before the appropriate consumer forums, you can send a legal notice regarding the same to know the builder's stance. After which, you can proceed expeditiously as possible. If you require any legal assistance please call on the mentioned number below or you can write to us on our mail as mentioned below:

Contact Number: 9820042562

Email: info.triomeclegal@gmail.com , triomeclegal@gmail.com

Dr J C Vashista (Lawyer)     26 May 2020

Beside filing a consumer complaint before appropriate consumer disputes redressal fora as rightly advised by expert Mr. Shishir Pawar, Mr. Kishan Dutt and Mr. Hemant Agarwal, which I agree and appreciate, you have another option of filing a (Civil) suit for specific performance with an alternative prayer for refund of the money paid with interest. 


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