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In case the builder refuses to accept the notice, retain the proof of the notice i.e. a copy of the notice. The evidence of sending the notice is legitimate in the Consumer Court under Section 28A (3) of the Consumer Protection (Amendment) Act of 2002 and will be affirmed as the notice has been suitably served.
Any person can file a complaint against the builder, developer, housing with the consumer court under the following circumstances:
Delivered a house that does not comply with the specifications agreed upon.
Did not provide for free parking space within the compound / complex.
Charged higher than agreed amount.
Did not form co-operative housing society and handed it over to its members.
Did not provide for water storage tank.
Did not give a receipt against the paid amount.
Did not provide for enough ventilation and light.
Delivered a poor quality construction.
Did not deliver the house within the agreed time limit. If time limit not mentioned, it is assumed that the construction will be finished within maximum of two years from the date of start of work.
Did not give accounts for the expenses against which the builder has collected money, i.e. maintenance, electrical installations (transformer), etc.
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Kashish Developers have cheated us in their Project Manor I at Sector 111 Dwarka Expressway Gurgaon, Haryana. We have exhausted all our efforts to get justice. Following are the Grounds:
ReplyDeleteA. Developers had booked the Flat before getting License in their name. It is against Norms.
B. The Developers have used our Rs. 8 lac for more than 5 months before the allotment. Have formulated terms and conditions, in October 12, after accepting money in May ’12.
C. Developers backtracked on Allotting Flat on 7th Floor, allotted it on 14th Floor under threat.
D. Carpet Area not 80% of Sale Area, being only 1164 sft out of 1,715 sft. For 1164 sft Carpet Area, Saleable should be only 1455sft.
E. Payment terms being forced, after receipt of Rs. 8 Lac. Now 35% of cost is demanded, before starting Foundation.
Facts are, as follows:
1. Developers launched the Project in May 2012, saying they had received the Project License in December 2011, in their name. But, License was issued to them only on 02.08.2012.
2. We booked a Flat on seventh Floor with Developers endorsement on 5th May 2012. They en-cashed it on 10thMay 12.
3. Developers called us to their office on 08.08.12 and on 20.08.12 and on getting the 20% payment, they confirmed our booking only on 08.10.12, by allotting Flat on 14th Floor, under threat to cancel booking & forfeiting Rs 8 Lac
4. National Building Industry parameter for Carpet Area is 80% of the salable area of the Flat. However, as per, now, supplied Plan of the Flat, by the Developer, the Carpet Area of Flat is only 68%, considering 50% of the Balcony area, as the Carpet area. So Saleable Area should be 1455 sft.
RELIEF: We seek following relief:
i. They be asked to:
a. pay penalty for selling property before Development License, being in their name”.
b. pay the interest on the money used by them, before Flat Allotment.
c. allot the Flat of on 7th Floor.
d. to provide Carpet Area as 20% less of the Saleable Area of the Flat.
e. moderate the extra charges levied by them.
f. Demand money commensurate with Progress of Work.