Delay of construction of SEZ property by NCTPL
I had booked an apartment constructed by NCTPL (100% subsidary of MARG Ltd.) at an SEZ in Cheyyur, Chennai . The builder advertised the apartment as a product that can be purchased and owned for a price. But after collecting an advance booking amount of Rs. 50,000 -/- and Rs. 2,00,000 -/- based on stage of construction, he gave a lease agreement saying that the property cannot be owned but only be leased for 99 years since it is an SEZ. There is a clause in lease deed which says that the lease will be subjected to auto renewal after 99 years without any extra payment. So I had signed the lease agreement thinking that it is like owning a property and that the construction will be over in time.
But the lease agreement is in builder favour and against consumers as follows:
1. No completion date mentioned
2. Interest to be paid by consumer for delay in payment
3. No penalty mentioned if there is a delay in construction by the builder
4. Right to terminate the lease is vested with the builder for delay in payment.
5. Termination right of consumer if there is a delay in construction not mentioned
5. Arbitrator to be appointed by the builder.
Now CAG has mentioned in its performance audit report on SEZ that lease of apartments to outside SEZ individuals as illegal and held such builders guilty. Department of Commerce in reply is state to have initiated action against the builder in this regard. A few of we consumers have companied to the SEZ development commissioner asking him to declare the lease deeds void or notify the areas where apartments are constructed as non SEZ areas and are awaiting his reply and action.
My Question is:
1. Can I file a criminal case for the builder's false or misleading advertisements now as I had already signed the lease agreement and it has been more than three years since I signed the lease agreement?
2. The agreement as of now is in builders favour and it mentions that Cases of dispute shall be heard at courts in Chennai. Since there has been more than 3-4 years delay and I as a consumer want the builder to be directed by a competent authority to cancel the existing agreement and modify it to pay the due penalty to me. Whom can I approach - Competition Commission of India or a consumer court in Chennai?