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vivek nema (Scientific Officer)     05 February 2014

Need advice for delayed possession of flat by the builder

Dear sir , 

I have booked a 2 BHK Flat of UTSAV at Marg Swarnabhoomi on August 2010. The cost of the flat was 14.6 lacs.

This township is being built by M/s NEW CHENNAI TOWNSHIP PRIVATE LIMITED Chennai. Their Registered officer is at No. 4/318, Rajiv Gandhi Road (Old Mahabalipuram Road), Kottivakkam Chennai 600 041

At the time of Agreement builder has agreed the date of Possession as Feb 2012.

Till date 85% of the cost of the flat has taken by the builder, which i have paid through SBI home loan.  only Four slabs were made by the builder so far. and now there is no works are in progress at site.

Hence till date I have not got Possession of the flat (Feb 2014) and more over at present there is no construction works are in progress at site.

On asking about the delay to the builder, He says delay is due to shortage of skilled man power & non availability of the key material

Builder has also charged Rs 30000 for the open car parking. where as I came to know recently that as per judgment on civil appeal no. 2544 of 2010 dated 31 Aug 10 by Hon’ble Supreme Court of India, builders cannot sell open car parking hence amount of Rs. 30000 for open car parking is not legitimate.

I have registered the flat after paying 20% payment. Registration of the flat became necessary for the further  disbursement  the funds from the bank.

Interest against home loan amount is being charged by the bank every month and due to the delay in possession this is resulting as financial loss every month.

At the time of booking amenities like Shopping mall (Capacity of 4,000 Shopping center),  Recreation center, knowledge centers, 100 bedded Multi Specialty Hospital, Special treatment Facilities, Medical Tourism, Star and Budget hotels with 200 Luxury and Budget Rooms,  Food Courts, Multiplex, Ready-to use Labs, Bio - IT, Incubation spaces, Built-to-suit campuses etc  were promised in the township.

But after 4 complete years of booking complainant is finding that most of the amenities are not provided by the builder at the site.

In this regard I kindly seek advice from expert in the forum that

What should I do ?  Further is it possible ask for cancellation the flat through consumer court and get back the money paid along with interest ???

I will be thankful to the forum for the expert guidance .....

Regards

Vivek (vivek.igc@gmail.com)

phone : +91 9424915553

               



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