Possession and Compensation for Delay and Changed Flat Floor Plan
I booked a flat in Year 2008 and in Apr'09 I registered the agreement with builder. As per agreement the possession has to be given by Jul'10 but builder has started moving labor and money to his another project and his new project was completed and possession was offered to purchasers. However my possession was delayed.
Moreover builder has changed the layout of our flat by demolishing one of the toilet. The reason (ORAL) given was that to increase the height of builder (additional floors) and new Govt. Rule builder has to increase the duct size, which is possible only after demolishing the toilet.
Apart from that builder has not provided quality materials in flat, common areas and builder has also either not given all amenities as mentioned in agreement or amenities are not at all provided.
We filled a consumer complaint in District Consumer Forum for Possession and Compensation. But Builder played many tactics to delay the case proceedings and after 1.2 years District Forum passed an order to apply in front of appropriate forum (State Forum). The Judgement given for this order was that the total disputed amount was more than 20L which is outside the SCDRC jurisdiction. (Note: Flat cost as per agreement was 21L)
Later we moved to SCDRC where we are still struggling to get justice after almost 2 years. Builder is still playing tactics to delay the proceedings.
This gap of 5 years gave opportunity to builder to do more nonsense in the project, now he has started harassing people by sending agreement termination notice (even though he received 95% of amount on time towards respective units). He has also stopped the society maintenance (more than 50 families has taken possession by bending down against his demands) like stopping water supply and Security of society.
Builder started demanding to sign a consent letter to take possession, many have already signed either knowingly or unknowingly. The consent letter is allow him to construct more buildings and twin bungalows in the same premises. As of now there is not enough parking in the premises to accommodate all vehicles in the society and after constructing more buildings it will be almost impossible to accommodate the parking.
Now we are in final leg, on our next hearing we are supposed to do oral argument and produce evidences against builder if possible.
We need help to find relevant case references/ judgements so that we can effectively argue in SCDRC and win the case. We are looking for peaceful possession along with compensation for Delay, Change in Layout without buyers consent.