Q:The original buyer Mr.ABC booked flat by paying booking amount 12,30,000/-(cash + cheque) and 22,20,000/- in cash in between 2011 and 2013 and got allotment letter. The total agreement value mentioned in the allotment letter is 48,75,000/-. In 2013, because of financial difficulties decided to sell the flat.He offered me to purchase it.We have executed a MOU on 100/- stamp paper in presence of 2 witnesses. I paid all the amount which Mr.ABC has paid to builder (34,55,000/-). The builder issued NOC to original buyer Mr.ABC and transferred the flat in my Name in 2013 after receiving additional 12,30,000/- in cheque mode from my account..But Agreement for sale was not executed between original buyer Mr.ABC and the builder. Nor did the builder was ready to execute agreement with me. I kept on writing emails and letters, but builder was not ready.Now the builder received Commencement certificate on 26 April 2019.He sent me notices to pay additional 13 lakhs (which he says is as per the RERA Payment schedule) and complete the agreement and Registration process but not for the allotted flat but for some other flat for which he was asking me to pay 4 lakhs extra as floor rise. As per him the allotted flat due to technical reasons does not exist and he by his choice selected a flat on some other floor.I was adamant for any change in the flat. i also paid the stamp duty of 4,65,000/- as per the market value of flat.Now again the builder has sent me notice that since i did not comply with the rules and did not pay 13 lakhs he has cancelled my allotment. Also he has said that he has refunded the booking amount of 12,30,000/- to the original buyer Mr.ABC in cheque mode in 2013 itself, keeping me in dark till date. Builder is not ready to speak anything about the rest cash amount which he has received in cash from original buyer Mr.ABC. As per builder whatever he has received from original buyer Mr.ABC he has refunded back. Further he will refund only the amount paid by me through cheque (12,30,000/-) that to after deducting 10%. The original buyer Mr.ABC has taken money both from me and also from the builder thus reducing my part payment consideration.Even after paying 46,80,000/- as well as the stamp duty of 4,65,000/- builder has cancelled my allotment. The original buyer Mr.ABC has not yet handed over the payment receipts of the amount he has paid to the builder inspite of several requests. Shall i approach RERA or file a consumer case against builder. Also a civil and criminal case against The original buyer Mr.ABC.
Latest Answer: A buyer who is the victim of the unfair practices of the builder can approach the following forums for his redressal
He can file a civil suit in a Civil Court. He can file a complaint before the consumer Forum. He can file a complaint before the Competition Commission of India. He can approach Regulatory Forums. He can file a Criminal Case.
Q:======ALERT======I deposited the pre-launch booking amount of Rs. 7 Lacs.This was my first investment as NRI in India, I had made and I feel cheated as no receipt and allotment was issued to me. I was told during collection of cheques that allotment will be given in Jan2015 . Once my money reached into the Ajnara’s account after that their worry was finished and it was my turn to start worrying so what I am doing yet. Having several calls with Ajnara people and Ajnara servicedesk even on mail(even putting Mr. Harish Gupta/ Tanzeel Ansari/Renu/ Mr. Anand in CC does not helped) also nobody was telling me the date even month of launch even.===================Now i asked for Refund====================As the project Not launched after years, I asked for Refund.From an year now i am struggling for refund.When i delivered my refund document they said refund will be processed in 3 to 6 months (Here you have to notice that, Ajnara is not able to launch project and even they are not refunding money, not my fault).They asked me to sign a affidavit which says i will not ask for any interest and compensation and i am taking refund due to personal reasons. I also gave them thinking that let the process make easy.Now, days-months-years passed, First Ajnara team do not responds, if they they respond, from 6 months i am only getting following template.============================================================Dear SirGreetings from Ajnara!!!With reference to your below mail, we would like to inform you that your refund request is in process and will inform you once your cheque is ready .In case of any other query please contact us or write us back . Assuring you our best services always.Thanks & Regards, TanzeelAsst. Manager - CRMAjnara India Ltd.D-247/26, Sector -63, Noida, Pin code- 201301============================================================
Latest Answer: Hi Ashish!!
If you have valid receipt then you can claim,failing which you can send a Legal Notice that you do not want to purchase the flat and claim you money refund.
Thereafter if the Promoter/Builder would not comply then file a case in District Consumer Forum for deficiency of service and unfair trade practice.
Q:6 people approached the consumer court against Mumbai-based Shree Krishna Constructions alleging unfair trade practice and giving false declaration to the NMC.
Latest Answer: HI friends,
Even this news has been published in the newspaper. 6-people approached the consumer court against Mumbai-based Shree Krishna Constructions alleging unfair trade practice and giving false declaration to the NMC. The court ruled in favour of the complainants.
Q:Plastered ceiling broken within 2 years of construction. Very poor construction materials and cheap ways of construction used by abhinitha foundation.very ignorant answers by RD sekar.
Latest Answer: Yes, the Honourable Supreme Court of India passed a judgement stating that all builders/contractor(s)/all concerned authorities of any State engaged in Housing Construction activity in any manner are responsible to Consumer Protection Act, 1986 for any act or omission relating to housing activity such as delay in delivery of possession, non-completion of construction within the stipulated time, defective and faulty construction and more.
Q:Fair trade regulator CCI has rejected a complaint against real estate developer Omaxe and another company for indulging in unfair trade practices relating to a residential property.
Latest Answer: Hi all,
Charges of misuse of market impact were also levelled against Shanvi Estate Management Services that allegedly failed to maintain the residential complex. This company was appointed by Omaxe for maintaining the apartment complex.
Latest Answer: You are right Vasanth,
The draft rule also makes it mandatory for builders to use units and symbols of measurements prescribed in Legal Metrology Rules 2011. No weighing or measuring instruments except those specified by Legal Metrology Rules 2011 shall be used for measurements. Such instruments shall be periodically verified as required under the new Act.
It s also notable that now builders can't advertise apartments in terms of square feet as has been the standard practice in the construction industry.
Q:Possession date is not finalized yet and he keeps on increasing it by two months from last TWO years.Not a reliable builder at all.Amenities mentioned were not available: Swimming Pool, Gymnasium, Club House, Garden.
Latest Answer: Hi all,
Better, buyers do tend to check the reputation of a developer, before buying a property in their project, so it is natural for developers to be nervous about their online reputation. But, an easier way to regain the trust of the buyer would be through timely delivery of projects.
Latest Answer: If still builder is not taking any action regarding your matter you can move consumer forum against the builder for deficiency in service . Builder is compel to furnish plans duly sanctioned by municipal corporation . If he fails to do so you can file RTI application and obtain copies of sanctioned plans .
Q:1) I booked flat in CASA UNIVIS (Now CASA Splendora) TEIRRA- C 1802 in Aug'2009. 2) With the assurance of possession in March'2012 Sale agreement also prepared. However till date possession is not in place. 3) Every now and then their sales executive informed me new possession dates and now almost more than 2 years of delay there is no confirmation on possession date. 4) In line with agreement I have paid entire amount against builders demand letter. However at this stage, in spite of delay from builder side builder is not giving me compensation calculated @ rate of 12% per annum on the amount paid by me (part of agreement). 5) Builder informed me that this delay in completion project is, due to labour problem, getting CC is beyond their control and he is not responsible to pay for that. This argument is not at all acceptable as this is prime responsibility of any builder to take care such issues. 6) I am currently staying nearby locality on rental basis and paying heavily as a rent, in addition to it I am paying heavy EMI.7) I want builder to give me compensation and handover flat as per the current confirmation i.e. Sep'2014
