S K SINHA (Director) 07 August 2015

Feature shown in brochure for flat, but not provided by buil

Madam/Dear sir,

I purchased a flat in Navi Mumbai. While selling the builder and broker both showed a brochure to expalin features that would be provided. Builder gave copy of brochure to me. He did so with other buyers also. The brochure shows that Intercom and Video Door phone would be provided. The brochure also contained in fine prints that features may change at sole decretion of builder. Our buying was decidedly influenced by these and other features mentioned in the brochure.

On possessin we found these features missing. Do we have any legal recourse? Can sole descretion be to disadvanatge of buyers only? Builder says all those shown in brochure cannot be given.

Kindly enlightened

Thanks

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2 Replies

rajagopal.s (Lawyer.) 07 August 2015

You can sue the builder in the consumer court.

The rationale is that the brochure is an offer based on which you purchased the flat.

moreover, disclaimers in offer document which are arbitrary (in your case builder refusing to provide amenities) are always void in eyes of law. In your case, the builder should have had your consent in case he does not want to install the equipment, which if did not happen, is bad in eye of law.

Bharatkumar (ADVOCATE ) 08 August 2015

Builder give a Brochure for only for knowledge for that u read last line of Brochure or if u make any agreement with Builder they write one pera that Brochure is not velid because it's give only for your knowledge we can do some changes as per our requirement in feture.