RINENDRA KUMAR YADAV (ACCOUNTANT) 21 October 2014

File a consumer case against builder

I HAVE PURCHASED A UNDER CONSTRUCTION FLAT IN NEEMRANA RAJASTHAN IN MAY, 2014.

I HAVE NOT RECEIVED ANY DOCUMENT TILL THREE MONTHS, AFTER THREE MONTH IN 15 AUGUST, I HAVE RECEIVED ALLOTMENT LETTER, BUILDER BUYER AGREEMENT & DEMAND LETTER WITH INTEREST.

NOW MY QUESTION IS :

1. AS PER MY BA AGREEMENT THERE IS TWO PAYMENT PLANS AVAILABLE ONE IS CLP "A" & OTHER IS CLP "B", BUT THEY SEND ME DEMAND AS PER PAYMENT PLAN CLP "A". WHEN I ASKED TO BUILDER TO CHANGE THE PAYMENT PLAN, THEY DENIED TO CHANGE, THEY OFFERED ME THEIR CURRENT PAYMENT PLAN, WHICH IS DEFFERENT FROM PREVIOUS ONE MENTIONED ON BA.

2. THEY ALSO CHARGED INTEREST ON PENDING DEMAND FROM DAY ONE, WHILE THEY DIDN'T SEND ME DEMADS ON TIME, THEN HOW THEY CAN CHARGE INTEREST.

I ALSO COMMUNICATED THEM IN JULY THAT I HAVE NOT RECEIVED ANY DOC THROUGH MAIL.

NOW CAN I FILE CASE IN CONSUMER COURT FOR THE SAME. IS I AM LEGALLY RIGHT.

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2 Replies

prakash chandra jain (proprietor.) 21 October 2014

mr yadav. if you approach a lawyer for solution of r problem , he may advise to file acase against developer. but this is adifferent case. you just study the definition of service and related deficiency, you will see that it is not deficiency regarding the flat. it is a monetary dispute as to what shall be payment and what shall be mode of payment and also question of interest and rate of interest .in short, it is beyond tha scope of c.p.act. the difference is very minuteand not apparent.. you should file civil suit.prakash chandra jain adocate( ex- president forum) indore. if you need further guidance consult me on phone no-09826779759. free service.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 October 2014

Flats Act says no flat can be sold unless building plans are submitted to the civic body and are approved. "It is illegal to sell apartments this way," after that you read builder agreement terms & conditions carefully.