File complaint against builder before consumer forum and seek orders to direct builder to provide amenities promised by him
2) also seek litigation costs and compensation for mental torture undergone by you
Amenities denied by Builder
I have purchased a flat in Apr-2016 with lucrative brochure stating some amenities (park, temple etc) and same has been guaranteed by Builder time to time in verbal. From last 2 years, it is been denied by Builder and no hopes for fulfilment of same. Now we would like to take further this matter in legal way. Kindly advice to proceed further.
Asked 2 years ago in Consumer Law
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9 Answers
If you have the copy of the brochure by which the builder advertised for selling the flat, you keep it secured and then issue a legal notice to the nbuilder giving him a chance to either provide the promised amenities or to give a reason rejecting the demands made.
After that, for non compliance which can be termed as deficiency in service you can move consumer disputes redressal commission with a complaint against the builder seeking direction to builder to provide the same and also to compensate for the deficiency in service.
You can send him a legal notice and then proceed to consumer court for Redressal.
Sir,
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Dear Client,
In your case the builder can be sued by the society for specific performance and damages. It is the responsibility of the builder to deliver upon his promises. You can file a complaint in consumer forum. Attach a copy of all the documents that might help build your case.
Thanks for your advice. Actually we had approached to Local lawyer and he was asking for written communication done with builder in last 2 years. As we have given our concern letters for aminites to builder but he has never confirmed in written. Hence we are not in position to submit any written documents from Builder side except Brochure. As informed by local lawyer, to move in consumer court, written communication within last 2 years to be produced. Builder has only given verbal confirmation for those aminites in last 6 years. Hence we don't have option to move in consumer court as service denial done and we not taken any action in last 6 years as per Local Lawyer. Sir, any specific time is mentioned in law for service denial by Builder/Service provider within which we have to complaint for same?
Asked 2 years ago
Send letter to builder to provide amenities mentioned in brochure
2) take the plea that inspite of repeated verbal assurances till date amenities not provided
3) then file complaint against builder before consumer forum
in the given circumstance, you may send a communication to the builder even at this stage demanding the amenities he had promised to provide at the time of booking and has never done that.
You send this communication to the builder by registered post and await his reply.
Even if he is not willing to give a reply, you can use the acknowledgment card as a proof of the communication sent to him.
Thus with the copy of this letter and th4e acknowledgment card, you can file a case before consumer redressal commission.
Builder is bound to not only fulfil promises made in agreements with flat buyers, but also provide the amenities mentioned in their promotional material such as Brochure. You can approach the consumer court.
For consumer court is 2 yrs from cause of action ot last reply from him
- As per law, the builder is under obligation to comply the agreement entered into at the time of booking the flat.
- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer.
- Hence, you can lodge a complaint against the said builder for getting the said facilities which are mentioned in the brochure , and also for claiming the compensation for harassment caused by denial.
- If delay of 6 years , then you can give reasons that the builder was giving promises earlier and now due to refusal this compliant is being filed with delay .
