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Real estate sector has been experiencing various ups and downs over the last 1-2 years. But, interestingly, demand for property is ever increasing. Builders are promising to offer a host of amenities and special features to attract prospective buyers. But, projects are rarely getting completed on time.
A builder-buyer sale agreement usually has a clause for delay. However, some projects witness endless delays. In such cases, hapless buyers get stuck without knowing how what to do. Fortunately, consumers finally have got a voice and a forum to vent their grievances. Using consumer courts, citizens have been able to get back their money from few sloppy builders. Central government too has set certain rules for the builders for providing compensation to buyers affected by project delays.
Consumer Protection Act 1986
Consumer Protection Act gives end consumers certain rights against exploitation. A consumer can take help of this Act for claiming compensation in case of project delays. According to this Act, the builder is liable to refund the amount paid with interest (for the period of delay) if there has been a breach of contract. A promoter, who constructs or intends to construct such blocks of building of flats, shall specify in writing the date by which possession of the flat is to be handed over. Default would attract penalty under Consumer Protection Act.
State Laws
Certain states such as Maharashtra also have formed certain regulations such as Maharashtra Ownership Flat Act (MOFA), which lay certain rules for regulating the construction, promotion, sales, management and transfer of flats. According to Section 8 of this Act, the builder is liable to refund the money obtained by the customer with interest, if he cannot justify the delay in handing over possession of the project.
Consumer dispute redressal commission
If a person is buying an apartment for personal use, the buyer can file a case in the consumer dispute redressal commission at the district, state and national level, depending on the property value or amount of damage suffered. For a property less than Rs 20 lakh, complaint can be filed in the District Commission in respective district. For property over Rs 20 lakh and less than a crore, it can be filed before the state commission and for property over Rs 1 crore it can be filed before the National Commission in New Delhi.
In a recent hearing during May 2015, the National Commission gave a ruling that disputes between the builder and land owner cannot be termed “beyond control” for being held accountable for poor quality of service. The ruling stated that in case of delays, the customer is entitled to a refund along with interest and compensation from the builder. It also stated that the builder can neither extend the date of possession unilaterally nor insist on allocating an alternate property to escape refund.
Other provisions
Apart from the Consumer Protection Act and state laws, there are certain provisions provided by the judiciary to help and protect consumers. According to the Domestic Building Contracts Act of 1995, the builder should provide the following warranties to the buyer:
• All work would be completed on time
• All work will be carried out according to the specifications and plans mentioned in the contract
• All material used by the builder is of high quality
• Work will be done in a legal manner with reasonable skill and care
• The home will be fit for occupation on completion
As per this law, a buyer can claim compensation for any delays.
The real estate sector in India is unfortunately unregulated to a large extent. But fortunately, the draft of the Real Estate Regulation Bill seeks to outline the obligations of the builder in project delivery. A regulatory body will also be established, according to this bill, in order to hear consumer woes.
Using consumer courts, many citizens have been able to get back their money from builders. Buyers are also increasingly becoming aware of the availability of a protection against project delays, owing to different laws. But many consumers also lose their case in the consumer forums because they forget to check the delay and compensation clause in their agreement. Hence, it is always a good idea to go through the contract carefully and look for a delay and compensation clause, which will give you additional protection against delays.
Points to Remember
• Property buyers can present their own cases in consumer courts. If needed, they can take help from a lawyer.
• A consumer or the property buyer must file his/her complaint within two years of the dispute arising, after which it becomes outdated.
• A written complaint can be filed before the District/State/National Consumer Forum depending on the expected amount of damage.
• Builder’s problems can’t justify delay and for this he is liable to pay a penalty and compensation. Default would attract penalty under both Consumer Protection Act and the Flat Act.
• Every consumer must get the bill or receipt for whatever he makes the payment.
• Often, builders have an agreement clause that assures buyers a daily damage for delayed possession. Ensure your agreement includes compensation for delay in possession.
• In case of any customization within the unit or any added promise made by the builder which is not mentioned in the sale agreement, it is recommended that buyers get it in writing from the builder. For instance, while selling the unit builder may promise to provide a second car parking but later on he may go back on his words.
Apartment booking, Apartment Buying, Compensation, Compensation agreement, Compensation agreement clause, Compensation for Delay of Possession, consumer courts, Consumer Protection Act, daily damage for delayed possession, delay in completion of project, delay in giving possession, Delay of Possession, demand for property, District Consumer Forum, Increasing demand for Property in India, legal action against builder, sloppy builders
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I am facing a similar problem, As we had booked a flat in Ansals project. They had already taken partial instalments from us but the work for these is yet to start. The project is already delayed over two years. can any one suggest me what action can we take and how to get our money back
Even ansals are on same line? They are the one responsible for theatre fire no? why did u invest money on such groups who never own any moral reasponsibility? sorry gaurav doesnt mean to hurt you.
I also do not like Ansal . Its bad name.
Never do deal with such group.
I like this act which protects consumer from the Business property dealers this is the great news it help to all the people who facing the problem .
This is a very good act. But what if the registered agreement says that
“the flat is expected to be belivered by January 2010 and/or within 3 months of obtaining Occupation Certificate which ever is later…”
Actually this is a stalemate situation for the flat buyers… these buggers make the agreement in such a way that if you really read it you will never buy the flat.. these are simply onesided. Does consumer Protection Act coveres this aspect also…?
Regards
thanks for the information. But some more information required. Like what type of papers reqd, How many time it takes to get the decision.
We face a similar situation. AMARTARU VII A is yet to be handed over to us and the entire building is waiting for OC and all the flat owners are waiting for the possession. The flat is supposed to be handed over to us by 31.12.2009. The builder is silent and no communication from the builder also.
Very nice information. Thanks to all the contributers for enlighting us. I have booked a appartment with Hiranandani, they intially commited to handover the appartment in 2010. The progress has been very sluggish. I got panic and felt i was losing my capital ( EMI of Rs 12 Lakhs ). Sinc my confidence on their completion was lost. Now one of the senior president has also said over the phone about completion in 2012 ( Still Doubtful ) I requested for cancellation about a year and half ago. Hirco is not co-operating. According to my quotation signed document, cancellation will mean 1 % charge. I accepted even for this. My argument is refund me with 1% less and pay interest for delay in refund. I have lodged a complaint with BEWARE of CNBC TV 18. Now Hirco is willing to pay me refund without 1% cancellation. But this will not give me my dues fairly. I am requesting for revised payment schedule, Hirco is not forthcoming to Co-Operate and armtwisting the investor. At one stage they were telling me that the cancellation will attract 17.5 % cancellation charge, which is not documented or agreed to anywhere. Can i now approch consumer court for interest from the day of my first written request. As per the following payment demad notes, hirco will terminate the sale if they do not receive payment in 15 days. I requested Hirco to exercise this option also for last one year and eight months. Now they have stoped responding to mail. Hiranandani is a reputed company and i had tremendous faith on them. I never expected this to happen from Hirco. Hirco is now willing to refund on conditional basis of my withdrawing the complaint. Now my fear is after i withdraw if they go back on thier promise i have no where to go. I will appreciate if i am guided properly
please give me some more information about compensation and when tulip started his construction work
I bought a flat in purva elita keppel
The builder has delayed it for 1 1/2 years. He has not paid any compensation till now for the amount he has promised in the contract. (it is still peanuts). Today he has sent me a bomb shell, he is asking for 3 lakhs penalty for late payments(morally there is no late payment from my side) .
Should I go to the consumer court? Please help me !
The law is insufficient to cover the loss due to delayed or no possession. The rates of properties are rising at exponential rates. In case of delay if the builder offers to repay the amount with interest, the buyer will not be able to buy another house of same size in that area from the amount so received. Real estate deals should be considered at par with investment in stocks. Purchasing a house under construction must be treated as a future’s contract.
I booked a condominium in Royal Palms in 2005. The agreement promised possession by April 2008.
The project is still not complete and the builder demands the complete amount without providing all amenities(taps, proper electrical fittings, fixing leakages, lift etc.) and even the furniture promised while booking is not being provided.
And along with the complete amount he also demands maintenance charges since April 2008.
What can be done in this case?
What are my rights as a consumer?
The property rate has not appreciated much due to the dispute.
Hello!
I have been going through the queries and replies posted above, and felt that i have maybe found a place where a common consumer and their queries can be answered.
Thats great work!
I have a query too, and the details are mentioned below:
We have booked an apartment with Runwal Developers. This particular project is in association with Capitaland, and is by the name of Orchard Residency. Runwal and Capitaland are referred below as “builder”. Now, the points relating to the case are as below:
1. The possession of the apartment was scheduled for June 2009 (as is mentioned in the agreement)
2. Today it is 29th Septemeber, and the building is still not ready
3. Now, we are asking for possession of the flat, and the builder has come up demanding interest on delayed payments (@21%)
4. The delay in payments were because of delay in possession
5. The builder is not willing to pay interest on delay of possession (@9%), as he is citing that the delay was because of factors beyond his control (which includes all the reasons ever possible in the contract)
6. However, there has never been an intimation from his end, as to the reason for the delay in construction, and hence we really do not know what specific reasons exist for the delay
7. During the construction phase, when the demand letters were sent for the slab wise construction payments, there was no mention of outstanding interest
8. It is now, at the time of possession, that we are being asked to pay this interest
9. We have cleared all payments to the builder, and there are no dues outstanding (apart from the interest that he wishes to claim now)
We wish to understand our position in this case.
1. Can the builder deny handing over the possession, as all dues have been cleared
2. The fact that the builder has delayed possession has resulted in a tremendous financial burden (paying of EMI and rent) and a lot of stress
3. If we calculate the interest payable by them towards delay in possession, it would be more than the interest payable by us for delay in payments
We are in a fix about this, so a guidance would really be appreciated.
I had also booked flat in Orchard residency by Runwal at Ghatkopar. The builder has done the same thing as mentioned by you.
rupesh
Rupesh !
Same with me !
Whats the solution ?
dil
Hi,
I am facing the same issues with Runwal on their Orchard Residency project. Have you guys got possession of your flats.
If not we can put up a fight together. He is taking advantage because all the clients are approaching him independently. We need to approach him as a group and talk to him on compensation.
Let me know if you are interested. We need to set up a group.
Regards
Niranjan
I am also one of the victims of Runwal Orchard Residency. Runwal is now asking me to pay the interest on Balance amount even though the project was delayed by more than two year. They are now forcing me to pay interest charges first before Flat registration process. Also they have added car parking cost in the flat cost. When I informed Runwal for taking out the car park cost as I don’t need the Car Park at this moment, they said it is compulsory to buy the car park and everyone in the project have brought the car parking space. Is anyone faced the same situation. Please email me to discuss further.
Dinesh.
Go consumer court or take help from media
sudhir
Sk !
Very nicely put up.Whats latest on this.Iam a victim & need latest & more info as wellas advice -how to resolve this issue.
rgds/dil
Hi SK,
Have you manage to sort out your issues with Runwal.
Dinesh.
I think the only solution may be to explore the Consumer Court. Ever since the old Sales Manager Rajesh Sharma left, the builder has become aggressive in recovering the interest. Rajesh Sharma used to consider delays on their part and moderate interest outgos to a good extent. I think the matter needs to be jointly taken up and you should also lodge a protest with CREDAI, which is their association. Let’s hear what they have to say…
Dear SK,
You have clearly spelled out the exact same problem i am facing with the same builder, for the same premises! Is there any way i could talk to you about this, to know how things went ahead for you? i am reachable on rachana.lodaya@gmail.com. Thanks in advance!
Hi guys,
May be I can help you out with this problem. Please feel free to email me at nikhil0172@gmail.com
Nikhil Sharma
please reply
Hi! Still waiting for a revert…
Hi SK,
I have no answer to this but thank you for putting this up in the forum. We have just booked a flat with Runwal Builders called RUnwal Greens I guess I should withdraw from the project
Hi SS,
I have gone into numerous discussions and deliberations on this issue, but the final verdict is that until we as consumers, as a united force, take a tough stand against such buillders who resort to such arm twisting techniques, these issues will always be there to haunt and trouble us.
I think you would really do better to take a flat where you r getting a ready possession, to save urself frm all this trouble. However, i can understand that might not the the easiest thing to do.
As far as Runwal is concerned, I have to say they are a deceitful lot. Even in terms of the delivery, the flats have been stripped of many things that were earlier promised. eg. security door (they want to charge extra for that now), granite has replaced marble at places…well there are loads more…
Anyway, wish you the best for your flat…it would do you good to consider more options.
I hope someone can throw some light on the best way to tackle my situation…
We should come together and take action against Runwal
Hi Atul !
Agree with you !
I need more info & help .Please advise.
Thanks !
rgds/dil
dilnice09@gmail.com
Hi Amit,
Have you also taken a flat with Runwal and if yes, which property?
We have booked a flat with runwal greens this weekend. It seems runwal orchard and runwal greens are different projects by the two runwal brothers. So, we need to check on the reputation of the greens brother in delivering projects on time?
Also, does anybody have an idea about power cuts in mulund
Do Join the FACEBOOK group, dedicated to facilitate a meaningful & informed conversation between homeowners @ Runwal Greens development
Excellent networking opportunity for those who have jumped in the bus and booked their dream home already – don’t miss the opportunity to share info and seek advice http://www.facebook.com/home.php?#!/…00001452086742
Best Luck and keep posting
Go to Facebook – Just search Key words ‘Runwal Greens Mulund’ ADD as a friend, there are DOZENS of Runwal Greens homeowners already networking!
Shradha – Welcome to the Runwal Greens homeowners club
Copy paste below url in your internet browser – it will take you to the ‘Runwal Greens Mulund’ profile, add the profile as friend and you will be added to the group – there are over 50+ active members already connected/networking and sharing information. So do not miss the opportunity to be in the real loop of information.
http://www.facebook.com/profile.php?id=100001452086742
Incase the above option does not work – just log in to facebook and search key words ‘ Runwal Greens Mulund’ I’m sure u wil find the group and then send a friend request. thats it!
hope to see you on the FB (If u do not have FB account – don’t delay it, open a new one today , Its free
do not book any property in Runwals, they will backout from their promises example can be seeen at their ghatkopar orchard capitaland project,
flat owners are cheated at the time of giving actual possesion of the flat
before doing anything please contact anybody from that property and know the facts.
comment on this page to know more prople.
Hi !
Agree with you .I am also a victim.
Can you advise me on latest & how i can be helped please ?
rgds/dil
dilnice09@gmail.com
In runwal orchard residences ghatkopar they are forcefully collecting interest money for any payment delay, their agent is settling amounts as per his relations with the party, some of them have been vaived off by interest amount,
there are people mainly investors who have still not paid the amount and are going for legal action against runwal developers for their cheating practice,
those who have not yet paid this penalty please do not pay and wait for some time till they comeup with some compromise.
I have seen several comments about Runwal (Capitaland) Orchard Residency, where the Builder is seeking interest from those who had booked the flat….as I am also one of the victims, would like to know the status and what needs to be done from my end ?
Hi !
I am also a victim. Whats latest ?
Need help !
Thanks !
rgds/dil
dilnice09@gmail.com
Hello !
What is the latest on this problem ? i am too going thru this harrasment.
Pl advise.
Thanks !
rgds/dil
dilnice09@gmail.com
Please look at the agreement made carefully. There will not be even a single clause against the builder / developer. Though the buyer also pays the advocate for writing the document, the builder pays much more, for the entire building to the advocate, to write all the clauses favouring them. If the buyer want to change any clause, builder will not agree and may refuse to sell the flat, as he may get another buyer. Whereas, buyer may not get a property, with all the options and choices, once a flat / property is finalized as per one’s choice, again.
In case of delay, the builder is liable to refund the amount paid with interest for the period of delay as there has been a breach of contract.
Hi,
I am also a similar victim. I purchased a flat from SLV Developers (Hyderabad, manikonda area). I have aquired all the receipts of payments and date of payments. I took the loan amount The builder has registered a semi-furnished flat to me in June 2011 and had initially agreed to deliver it by October 2011. However, it is already 2012 and the house keys have not been delivered. The builder approached LICHFL on 1st Dec 2011 to release the final loan amount of Rs 2 Lakhs that required my consent. I did not approve since the house was not completed by then. Now the builder is furious and trying all means to harass me. He says ..”You will get the flat only after 6months and u will need to pay additional 2 lakhs to get the flat keys”. I complained to LICHFL about the builder’s behavior. Please suggest me, what else can I do to make sure he delivers the flat keys at the earliest.
Hi All,
I would wish to inform that I have received my Flat Keys in March 2012. So far there are no concerns and the builder has completed all tasks as agreed.
Thank You.
Hi,
Even i want some suggestions for my query.
I have booked a flat at reputed builder, i have done the all the payments except the last installment which is to be paid after possession of flat. builder had intimated in sept 10 that we would get the possession by jan 2011.but now almost 1 year is passed and i have not received any commmunication to take the possession.
Hence,guide me in writing letter to builder asking for delayed possession as i am paying heavy interest on housing loan & if that money i would have invested anywhere else,i would have got good returns on it. please specify theses points and write a profeesional letter and post it.
i am waiting for your reply and comments.
my email id jhanvi362004@yahoo.co.in
I have taken the apt from Puranik Builder , The verbal possesion date was told as 31.12.11 , while doing agreement same was written as 31.12.12 and assurance was given that you would get the possession by 31.08.11 in case of delay same would be handed over to u by 31.12.11 – Till now i am not getting any feedback and over and above there executive have even stop picking my call and saying we are helpless.
My EMI has gone up and even i have rental liability on my head .. can i go to consumer court for help.
Pls advice .. every single day is getting difficult for me.
Hi Sachin
Have you booked in Puranik Home town. I too have booked one in home town and not getting possession for last 2 years. Builder is commiting that its delayed because of OC. I am asking from details from builder for OC application to TMC. If we tenants come together we can reach out to TMC and understand the exact reason.
My builder has agreed to compensate for the delay in handing over, exactly as per the clauses in the buyer agreement. Does such compensation attract any income tax? How will this be treated?
A reply from any chartered accountant / tax expert in this forum will be of great help
I am facing same problem, the article is gives good information. My question is if agreement is not having possession date or date of completion and even compensation clause and the project is getting delayed – what should i do?
The builder is Goel Ganga – they said in Oct 2010 that the project will be complete in Mar 12 but still its not completed
And i am paying emi as well as rent for current home.
Please suggest me -
Thanks in advance
Hi,
We booked a flat in Eiffel city project at Chakan in Nov 2009. We booked our flat by giving booking amount. There was delay for first disbursement but we were informing Sales Executive time to time about this. They said no problem. We were seeking possession in Nov 2011, but it got delayed as flat was not ready. Now 1 week back we went for taking possession at that time they showed us rough calculation for paying interest on delayed payment. But there was no any official communication or letter for paying interest rate at 24% pa.
We have told them we are not going to pay that. They are denying to give us possession letter.
Please suggest what should be done?
Waiting for reply.
Thanks,
Priya
M I D L A N D T R A D I N G C 0 M P A N Y (PAPER)
18, KRISHAN PRAKASH BUILDING ,
DELHI ROAD, OPP.PNB, MEERUT CITY – 250 002. U . P . INDIA
( Suppliers of Imported & Reliance Sulphur )
TEL. (OFF.): +91-121-2515350/ (Mob.): +919837176043/ +919818326236
TEL. (RES.): 2510496 / TELE FAX: 2512854/ 2511342
To,
Shri. Rohtash Goel
Managing Director,
Omaxe Ltd,
New Delhi- 49
Dear Sir,
Subject: Booking of 2 BHK Flat No: 102, EMPIRE TOWER NORTH AVENUE , BAHADURGARH*** REF: CLIENT ID: BHF/536
I had applied for a 2 BHK Apartment in your upcoming project at Bahadurgarh on 2nd April 2006 along with a payment of Rs.453750/= paid vide cheque of ICICI Bank subsequently I was issued a letter no. & date nil of your provisional Allotment vide receipt no: 1300536. Accordingly as per your construction linked payment till 20th August 2008 we paid a sum of Rs.1915250/= which is 75% of value of Flat as per your demand.
Since 2008 onwards we have been visiting your office and pursuing progress of our allotted flat. I regret to say that in spite of my several visits and letters I have never been able to understand/ know the actual state of construction. In fact during 2008- 2011(4 years) no construction or progress for delivery of our flat was informed & always vague & conflicting information was given in piecemeal.
Now in the above reference, I have received email dated 19 April, 2012, from your customer care department which is in reply to my several letters & mails. In fact I am shocked to receive such a irrelevant mail and am astonished to note the contents thereof.
Your aforesaid mail under reply is based on misleading & wrong facts, which have been written with a mala-fied intention to wrongly project & harass that the lady allot tee from a small town is in default and in non performance. It is pertinent to mention here that you had invited applications for allotment of flats in your group housing project (Omaxe Heights – North Avenue Bahadurgarh) in the year 2006 and I had applied for the allotment of a flat on your assurances that the allotment shall be made in my favour within three (3) months and accordingly paid Rs.453750/= vide cheque no. 946021 and 946022 dated 2nd April 2006 and 10th April, 2006 both drawn on as booking amount. It was promised by your Company at the time of making the payment of booking amount for the Flat that the possession of the fully constructed flat would be handed over within 30 months from the date of allotment of the flat.
But, after making the payment of aforesaid booking amount I did not get any information for the allotment of the flat booked by me, since long, in spite of my several visits and queries to you. Finally after a long interval, I was intimated by your letter undated in 2008 for the allotment of a 2BHK flat bearing no.102 at First Floor in Empire Tower in your project Omaxe North Avenue , Bahadurgarh in my favour.
Thereafter you started raising demand notes as per your construction linked plan and I have made the payments accordingly. Save and except collecting payments, you did not pay any heed to your obligations ever since the inception. So much so the Agreement as promised by you under the letter of allotment dated nil to deliver shortly was never sent to me.
Now at this stage you are raising this plea in your mail dated 19th April, 2012 (Hard Copy enclosed) that since there is no formal agreement between the parties your liability to deliver the booked flat on time and to compensate for the same comes to an end. Having made the payment of Rs.1915250/= this plea on this stage after a lapse of 6 years is not only shocking but also not maintainable under the law and smacks malafide intentions. Signing of the Agreement, did not prevent your company from raising demand of payment and till August 2008 a sum of Rs.1915250/= had already been paid to and collected by you. If the liabilities to be discharged by you under the agreement in question are not maintainable due to agreement not signed by the parties as alleged by you then how the demand notes could have been raised for the aforesaid flat by you. Not only this, if the terms of the agreement for the aforesaid flat is not maintanable due to not signed by the parties as you alleged then how the forefieture notice dated 13th October, 2011 without considering your default to deliver on time is maintainable. It is pertinent to mention here that the allotment of the aforesaid flat can not be considered as the allotment of a single unit but this allotment is under a group housing scheme and if the demand notes are raised as per the construction in gross in towers/project then the dates of delivery of the flats can not differ from other adjacent allot tees of the same tower in the same project.
The true fact is that I kept on making timely payment of the subsequent installments as and when a demand was raised. However, at the project site, the progress of the work was stopped and dismally slows. I made several visits and enquiries with your office and the project site to enquire about the reasons for the slow progress, which were never attended too seriously for your own problem and limitation and only evasive and misleading replies and false assurances were given at all the times. In fact you r office gave several dates of possession which were never adhered & are still not being adhered. So much so that your office even failed and neglected to deliver the agreement to be executed for the allotment of the aforesaid flat. On the contrary, the forfeiture notice dated 13th October, 2011 issued by you stating that timely payment of installment is the essence of the contract. While we deny the same completely and specifically, it is emphasized that the actually timely completion of the project was the essence of the contract agreed at the time of making payment of booking amount for the aforesaid flat. It is worth mentioning here that as against the agreed period of 30 months, you have failed to deliver the possession of the flat even till date i.e. after nearly six years of making booking amount of Rs.453750/= for the allotment of the aforesaid Flat. This fact of delay was admitted by you at the time of telecasting the programmed of CNBC AWAZ on 30th June 2011 & earlier and you also promised at that occasion to compensate for the same but later on you resiled from your words and sent wrong illegal, arbitrary demand note with interest. This proves beyond doubt that your sole aim is to collect payment without discharging your liabilities and duties.
It is significant to state that we had booked the flat with full enthusiasm and expectation that on expiry of the period of 30 months, we shall have fully constructed flat at our disposal and our family needs would be satisfied immediately. Keeping that in view, we earnestly paid installment towards purchase price of the flat in timely manner. Admittedly an amount aggregating of nearly Rs.1915250/= which is equivalent to almost 75% of the full value of the Flat including one car parking (i.e. Rs.2644462/=), stand paid till date. It was/is not our intention to delay the payments; however, our obligation to make payment was linked with your obligation to achieve progress in a manner so as to achieve full completion within a period of 30 months. I cannot be expected to keep making payment without reciprocity at your end. It is, therefore, an abuse of the contractual understanding between the parties, for arriving at wrongful gain to yourself and causing wrongful loss to me including other buyers of the aforesaid project. The impact of your negligence is all the more high because I am an old lady investor from a small town with aspiration of a house in NCR.
In such circumstances, the interest charged by you without considering a long delay to deliver the aforesaid flat from your part which has caused immense losses to me has no basis, either in fact or in law. On the contrary, you are in default of your contractual obligations and are liable for all the compensation/damages as are being constantly incurred by us in terms of heavy burden of interest amount paid to you and loss due to rent liability implicated on me and we would not allow you to take undue advantage of the situation merely because you are the builder and also the drafter of the lopsided Contract which has been sent by you to me few days back. MY SEVERAL VISITS TO YOUR OFFICE & BEST EFFORT FOR A AMICABLE FAIR & JUST SETTLEMENT HAVE BEEN MISCONSTRUED TO EXPLOIT & TORCHER ME.
It is therefore requested in your interest that issue me a fresh demand note deducting the interests levied by you and also compensate me for the losses caused to me due to non delivery and non performance of explicit contractual obligation of a non delivery of the aforesaid of flat in 30 months on schedule time otherwise I shall have no option other than to seek appropriate remedy under the law for the protection of my rights and you shall be liable for all the risks, consequences and costs thereof.
Thank You,
Yours Truly
Kum Kum Singhal
W/O Shri. ANUP SINGHAL
ANAND BHAVAN, NEW PREMPURI,
RAILWAY ROAD, MEERUT CITY 250 002
Mobile No: +919837176043
E- Mail:midlandb2b@gmail.com
midlandb2b@yahoo.co.uk
[please reply
My friend has Booked a flat with down payment on the date of his application for desired Flat. Is that a date of allotment? The case is he has already paid Full payment as per payment plan n payment scheduled. Possesion yet not handed over. What Remedy to be asked under rules related this metter? Money back with interest? Compansetion for Delay in possession ?
Hi
I am facing a problem , same as mentioned in number of complaints, as builder is not giving me possession as per the competed time as well as there is no response from their side.
Actual time of possession – July 2012 and now they are saying Sept 2012 (3 months).
As & when i will talk about the possession delay, they are saying about the interest and penalties for delay payment and as per paid receipts there is no delay payment.
Can you suggest , where should i file the compliant.. as i am working person and not able to visit court and all.
Can you help me
Thanks
Pooja
can be mail in savy_psk@yahoo.com
** I strongly recommend- Pls. do not buy any property from Shriram Builder any where in India.
1. Fake commitment they will give
2. They will not accept the mistakes
3. They put all the blames on customer
4. They force you to pay interest and penalties (if you dont have receipts of payment)
5. Customer care team is so rude and careless
…… i have a list of all these..
This is Rahul…… I entered into Joint Venture with my Builder for Residential Apartment, LAND BELONGS TO ME…Further he told For official purpose, First we need to make SALE DEED of LAND and we made SALE DEED of LAND…..and in return on the same day we entered in to agreement of 5 flats in these. All 5 flats individually Officially Registered by entering LAND SALE DEED NO. and also mention giving possession within 1 and Half year from the date of Agreement….but he not at all started the project its being 2yrs.
How can I get compensated. 1.) Can I get back my LAND 2.) Compensation in Delay.
What steps I need to take now.
Hi,
I booked my flat on sept 2009 at runwal’s garden city-Phase 2 Bldg name Jasmine, balkum, thane and the possession date in agreement is dec 2011, but till no possession.
I spoke with Sales Manager Lenna Lobo and site Supervises Manish Shetty. They talking like shit. Even they are not coordinating with each other, they both have difference in their commitment, Now i dont have trust on them. Just praying the god that i will get my dream home.
Plz look in to the issue.
Regards,
Vishal
i have booked flat in tower 3 , phase 2 . I thing all flat owner should unit and collectively fight with builder . contact me at brsingh4@rediffmail.com
Puravankara is one of the biggest fraud companies. the way they build the contract and exploit the investors it is evident they are not property developers but financial scammers covered by well written contract. I am one of the unfortunate buyer and i would recommend new buyers to never to deal with Puravankara and if you are an NRI never with any of them. They are filled with unethical practice.
I have booked a flat in Poddar developers Phase 1 in badlapur and was promise to get the possision in Dec 2013 but still i have not got the possession. If any body know where to lodge a compliant please let me know.
Aditya builder is delaying possession of the flat. They have committed possession on Diwali Last year, yet not heard anything. Also, their owner and senior management are not responsive, despite repeated attempts to reach them they are not available to customer. Even they are not concerned about the flat owners problem. This sort of work culture is really bad, I feel I made a mistake in buying flat.
If registration charges go up to sky high in the delayed period of giving possession, whether any consumer court has given its judgment to compensate the difference of registration charges i.e. the registration charges prevailed on the committed date of giving possession and the registration charges actually charged at higher rate on the date of registration may please be cited.
Hi all,
I also purchase flat in coimbatore (builder – shivshree builder ; promoter – wallcliffs ) both are fraud like anything. as per agreement they are handover the flat on 2011 but still they are not yet completed 70% of the work.. the builder owner is Shivarajan (joint secretary in builders association of india – BAI) now a days they are not responding call also). please kindly suggest me in which way i can get compensation for delay in hand over or getting the full money back with interest for last 3 years. Thanks for all your time.
My Request now they newly started projects in kalapatti, ondipudur and selvapuram at coimbatore.. please do not buy any property or any deal with them….
Regards, saranya
Hi all,
I have booked a flat in Meridian Garden [by Mahima Groups, MJ multitech] project Near by hebbal flyover Bangalore. I was told that the possession of the flat will be given within the 1 year from the booking date. Now it has been almost 2 years and the block construction has not yet been started. Is there any one else booked the flat in the same project, please contact me at nishukd09@gmail.com
Sir i have purchase a flat in s & p foundation , chennai … it iis now nearly 4 years and still they are not handing over
now they are asking a fine of rs 60000/- as my delayed payment as intrest fine
we are already payed 4 years of emi in bank monthly 25000/- to bank..which they are bothered
now mercilessly they are asking intrest fine from us
they are replying boldly that it is mentioned in the agreement … and cheating us now
almost 400 buyers are facing the same problem
kindly help us legally so