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Chandra K Singh (Writer)     11 May 2016

Filing of case against builder in the state commission of consumer court

I along with my wife booked for a Villa to be made in Greater Noida(UP) in April,2011.The builder's registered office is in Delhi while their corporate office is in Noida.Now more than five years have passed since we booked but we have not been offered the possession of Villa yet.At present work is stalled for last over eight months and only basic structure of Villa is erected.We have already made @95% payment of the total cost of Villa by December,2013.The builder has been continuously extending the date of delivery.According to the latest coresspondence with the builder he gave the probable date of offer for the possession of Villa by December,2017(+/-6 months) in writing through mail.As per Builder's Buyer Agreement he promised to give possession within 24(+/- 6 months) from the date of start of construction in my tower (which in my case is a block for Villas).I,therefore, seek the valued counsel of my learned and esteemed friends from law fraternity on following points. 1) The total cost of Villa is 67,000,00/-Rs including the service tax and We have made payment for @95% which is almost 63,65,000/-Rs by Dec.,2013.Now considering the value of Villa which is less than a crore,should I approach the National Consumer Court or the State Commission. 2)Do We need to give a notice to my builder before approaching the Consumer Court and if We decide to give notice,then should We send it through e mail or the registered post. 3) We have a photograph taken in N0vember,2013 of the Villa posted by the builder on it's facebook page to show the progress of construction in the project.Can this photograph be used as a testimonial of the date of start of construction in my particular block. 4)Where should We file case in the consumer court,in Delhi where the builder has it's registered office or Lucknow as the project is situated at Gr Noida. 5)We booked for this Villa in the first week of April,2011 but the agreement was signed by the builder only in April,2013 while the construction began in September,2013.The construction in this area was stalled after the Allahabad HC ruling which was cleared by August,2012 and the Greater Noida Auth.also gave permission in September,2012 to the builder in writing to resume the construction which builder didn't comply.He sold a land parcel of apprx 26 acres out of the total 90 acres to another builder and changed the layout completely.The no. ov Villas were reduced from 1000 plus to mere 376.They bifurcated the project in two parts while the part-I was made Villa project and part-II was made highrise towers having more than 60 towers of 25 plus stories.They also introduced basement under the Villas and in process converted these Villas into low rise apartments.The original plan of providing 50 acres of open area(mentioned in the brochure) was hugely compromised since the builder drastically changed the original layout without taking our consent. This builder has another Villa project in the same vicinity where around 30 families have already shifted.But the builder has not taken either the completion certificate or the occupation certificate from the authority for this project till this date. Now considering these above mentioned facts what strategy should We adopt? Should We ask for the straight away refund of my deposits with @18%/@24@ interest or should We ask builder to shift Our Villa to this almost ready project which does not have either cc or oc. We would really appreciate if we get the learned member's valued opinion on my case. Chandra K Singh


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 1 Replies

adv.bharat @ PUNE (Lawyer)     29 May 2016

1) For NCRF matter must be > 1 CR.  Hence u need to file case at SCRF with court fee of 4000/- in terms of D.D.

2) Notice must be given through RPAD by indian post. Please keep copy of receipt with you as proof of sending .

3) Whether that photo show date and time? FB photo can be of back dated also. Yes that can be used as false representation.

4) Ur case may be filed at state consumer redressal forum at UP or Delhi as per ur conviance.

5) As construction is started in Sept.2012 it must be complete within June 2015 as per their agreement ( 26 +-6 month).

Also buidlder have violated the condition given by Noida authority & given possession to resident without taking occupancy certificate or completion certificate from authority. It amount to crime under RERA.

6) You can get compenstion for 12 month or refund all amount with 18 % rate of interest from builder.

Don't take flat without CC or OC from authority.

you decide what u want. First give legal notice to builder for ur relief since u had paid hudge amount since 4 years back and still living in dream that builder will give villa possession in Decmber 2017.

THanks


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