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Ankita das   06 December 2019

Fraud Builder Not Built as per agreement

My father has bought a land in July 10. And he decided to Build a dream house with all his saving of years.
We found a Builder near of. We completed an agreement worth 24,50,000 on 1st December ( All payment done). All payment done through Loan we have taken from bank. In agreement deed all information mentioned. And we Added some extra information. Such as quality of paint, doors, electric fittings etc.
In initial stages he worked Perfectly. As days passed He turned to showing his real face.
Anyhow he completed 80% of construction.
By orally The completion date was 15thJune 2019. So My father decided to give some more time. So he agreed to.complete by 25 October as per written on agreement .
But he failed to complete.
The house is not built as per agreement and vastu by Layout we provided.
He used low quality materials such electric fitting. We asked havells and he used sub-standered. All agreement is written by builder.
The builder is not Registered Under RERA.
And now Temporary electricity also cut off. One year completed . As Electricity department provided Only 1year. Now when we called the builder he said, he is not responsible and we have to pay extra bill. But in his agreement it was written, electricity Bill will be borne by builder till complete construction.He said he will not follow agreement.
Till now he is not given Completion certificate and OC.
And even he dared, do what you can do.
We don't know how to approach and how file suit. And also suggest what action we can take.
Please reply as soon as .


Learning

 10 Replies

Adv Vinay Mathur + 8447131770 (Advocate)     06 December 2019

you complaint under rera act to rera authority

Adv Vinay Mathur + 8447131770 (Advocate)     06 December 2019

what is size of property

Adv Vinay Mathur + 8447131770 (Advocate)     06 December 2019

if your property is more than 500 sq meters or number of apartments are more than 8 you can approach rera otherwise a civil suit Wil be filed

Ankita das   06 December 2019

1800sq.feet

Ankita das   06 December 2019

Can I file under Rera.But he not registered Under Rera

Adv Vinay Mathur + 8447131770 (Advocate)     06 December 2019

no can't file under rera as area is less than 500 sq meter, you can file application under specific relief act

P RaviShankar-cell-8939332195 (Advocate )     06 December 2019

you can also explore the option of filing complaint in your local consumer forum. You are well within limitation period. Kindly check this with your family lawyer.

G.L.N. Prasad (Retired employee.)     07 December 2019

This is not a simple issue that can be solved through guidance in a forum.  Contact a local advocate and proceed through District Consumer Forum or file a suit for specific performance.  After studying the terms in agreement, your advocate can decide what is better course for remedy.

Dr J C Vashista (Advocate)     08 December 2019

It is advisable to consult a local prudent lawyer for proper analyses of facts / documents, professional advise, guidance and guidance. 

Vijaya Sarathi   08 December 2019

Rera not registered .so you can file a case against builder in consumer forum .

you have a right to file a case against the bank also .some banks mistakenly released the stage cost before the completion of the building .

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