• Builder didn’t comply to the commitment

I am writing this complaint with lot of stress, anger, frustration, depression and trauma that Me and My family has to face for my decision to purchase a my first house at M*M Natura.

There are at-least 20-30 more families like myself who are facing mental and financial stress due to the support or response from M*M Natura Team.

I purchased the property in M*M Natura (N*-****) on subvention which later got changed however we were promised that our EMI’s will be taken care of by M*M until possession. Along with that there was Rental document for 2 years which was promised.

The main entrance for the project is from Sohna -Gurgaon Highway however now builder claims that it’s under dispute with another builder and they cannot do anything about it. Thus leaving the buyer with no choice but taking backside entrance which isn’t very convenient.

The EMI’s increased from Feb 2020 while we had cheques till March 2020. We have been chasing the CRM team and feedback team but no solution.

Later lockdown announcement came in and I had no choice but to opt for Moratorium on Home Loan from April 2020 which resulted in increase in EMI amount by approx 3500 per month for entire loan duration. This is additional burden on our finances.

In this crisis situation when each day is becoming difficult to cope up with and increasing spends and financial instability, people are already stressed and worried.

Due to no response from the M*M team, me and my family under immense stress (mental and financial) and traumatized on what will be our situation and how will we take care of our expenses from next month.

How do we cope up with additional burden due to Moratorium on Loan as the team didn’t bother to deliver cheques on time even though i have been chasing since **th Feb ****.

Now builder claims that they have received the OC and possession will happen soon. I want to understand how can builder get OC when project interior is not completed for entire tower. Also if the main entrance road for the project is not completed.

I am a salaried individuals and had a lot of expectations while we planned for buying this property.

I am left with no choice but to seek advise from any possible source to get a solution for my issue
Asked 4 years ago in Consumer Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

1) file RTI application with muncipal corporation as to whether OC has been granted for your building 

 

2) builder cannot deliver possession until OC has been issued 

 

3) if builder has failed to provide amenities file complaint against builder before RERA or consumer forum and seek orders to direct builder to complete interiors , provide entrance and other amenities as promised 

Ajay Sethi
Advocate, Mumbai
97447 Answers
7875 Consultations

Hi,if the project is delayed we can seek delayed interest from RERA every month till possession,also monthly rent as assured by the developer..The RERA is a fast trial court ,and shall grant relief within two months after filing of complaint 

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

You can make a complaint against builder in the RERA and consumer fort as well make the complaint against bank for m*m EMI with Ombudsman of RBI.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

This is gross deficiency of service and unfair trade practice. 

Therefore it's a fit case where you along with other flat owners go for filing case before the consumer forum wherein you would be considered for getting your grievances redressed and fir adequately compensated. 

Devajyoti Barman
Advocate, Kolkata
23319 Answers
522 Consultations

Dear Sir/Madam,

You are suggested to serve the legal notice regarding your demands to the builder and if not complied by the builder, file the case against him. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

They may get interim oc. 

File a complaint against them in the consumer court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Please mention exact details of your project started in which year? Year,month and date of construction? 

We need above mentioned answers of question to provide you lawful solutions. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You can challenge the same in writing Petition before high court for speedy remedy against the builder and the corporation who gave oc.

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

Better first take possession by executing sae deed. Later with other buyers, you can initiate prosecution against builder.

Builder maybhabe managed the OC. No issue, you can file consumer and RErA for invalid OC, gate issue and incomplete construction. Recovery of emi load etc.

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

If the builder has procured OC and is ready to handover possession and registration of property it would be better that you take possession.

The entrance matter has to be sorted out with the builder, if he is reluctant about it then you can drag him to consumer forum seeking releif.

Your moratorium and the additional burden of emi is not the problem of builder.

If your house has not been completed in full in respect of all aspects, you may demand the builder to complete the same and then handover the possession.

 

T Kalaiselvan
Advocate, Vellore
87648 Answers
2352 Consultations

You should file a complaint against the builder before the RERA tribunal immediately. This is kind of irresponsible act will have a huge impact upon families in this situation.

 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Immediately file a complaint with the DTP OF MCG and simultaneously file a case with the consumer court for deficiency in service against the builder claiming damages also.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

issue a legal notice through an advocate and file complaint before district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

File complaint Before RERA against builder for delay in possession and delivering flats without completion of interiors. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer