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Exploitation of the worst kind by the real estate agency.

Q: The Builder indicated in his brochure that the 2BHK Flat will be given possession by 31st Dec.10 and so far not given as construction was at snail's pace. He has mentioned in the agreement that Rs.5/- will be given for the delay, if any, per month. After paying Rs.28 lakhs we have stopped further payments as the construction was very slow. Now, the builder is unwilling to pay even the paltry compensation mentioned above and intends to charge 18% for the balance amount due to be paid. (i) For his inordinate delay, whether we can demand higher compensation? (ii) Whether National Consumers' Commission or Supreme Court has given any Ruling on such errant Builders? (ii) How far it is justified that he is withholding payment of compensation and on the other hand invoking the clause of 18% blaming the owners as defaulters? Whether National Commission for Consumer Grievances or Apex Court has given any judgement in this regard to tame/discipline the Real Estate Companies?

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Replies (4)
1
1) The flat is not fully constructed.
2) There is not much security. As the security guard is allowing everybody.
3) The POP, oil distemper, shower panel , poor aluminium windows material, the walls are not levelled properly and very poor finishing.
4) There are water stains on the wall, the builder says this is due to problem in the upper floor toilet.
5) Builder diclining to pay the late penalty amount.
madhur


Let's all the owners of flats in gardenia grace unites and fight legal battle against the builder in the court.
madhur,  Noida
4th June 2012


2
To add to the miseries, the Builder has now demanded exorbitant legal charges of Rs.25,000/- to be paid before possession letter is issued. At no time, this has been informed to the allottees. This is a rude shock to the hapless and gullible flat owners. The construction of Flats is very sub-standard and one will be jolted to see the poor finishing. For the price paid for a 2BHK of 1150 feet, what you get is only 585 sq.ft. This is nothing but outright cheating.
ABV Vijaya Lakshmi


The builder is declining to pay the late penalty fine. Also several things in the brochure, the builder is refusing to pay. We all should unit and go to consumer court.
madhur,  Noida
4th June 2012


3
Apart from what Vijaya Laxmi has mentioned above, the builder is now declining to provide the shower panel and shower cabinets in the flats despite initial committment. Not sure if they are providing the RO system or not though committed initially.
Prithvi


4
Hi Lakshmi, You can communicate with the other owners of the project and together go to the Consumer Forum and lodged complaints against the builder.
chetan.fernandes86


While thanking for the answer, it is stated that my
questions have not been answered with specific reference to the judgments delivered by the Apex Court and the National Commission for Consumers' Grievances on earlier occasions. These judgments will reinforce the complaint in the Consumer Court. Whether legal luminaries acquainted with the problem may kindly enlighten?
ABV Vijaya Lakshmi , Apartment Resident 
12th March 2012


5

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