This is already delayed over 2 years. Take builder to court.

Q: Builder is cheating people.

Kim Clark,

8th September 2015

Builder Review in Kohinoor City Phase II, LBS Marg, Mumbai

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Replies (3)

I have ofcourse made several attempts to contact the builder however they are very slimy from the top to the smallest of employees and if confronted say as Umang Joshi but he too doesnt turn up even when asked for meetings.

If you delay a single payment the builder slams 21% interest.
Now this Umang Joshi is sitting with all the peoples money and not giving any answers.
Gave fake slab completion letters and collect entire payment.
His staff specially one Indrani's sister Archana by name has been telling people to pool money and complete the project themselves...
So this post is 1 for awareness of the general public and 2 for proper advise from experienced people.
Can I take the builder to consumer court ?
Arup Rajan appreciate your comments on Ready to Move etc however it is equivalent of telling a sick person that they had the choice of not being born.

Kim Clark,

10th September 2015

Comment

A consumer is entitled to claim a refund along with interest and compensation when the builder is unable to complete the housing project in time.

Consumer can get redressal via a three-tier redressal machinery. If the compensation claimed by a consumer is below Rs. 20 lacs, then the complaint has to be filed in the district forum. If the compensation claimed is between Rs. 20 lacs and Rs 1 crore, then the matter is filed in the State Commission and when the compensation claimed is over Rs. 1 crore then the case has to be filed in the National Commission at New Delhi. Provision for appeal is also provided under the Consumer Protection Act.

Yogesh Kumar, Noida

15th September 2015

Hello Kim,
Please remember that before you take any action, it is always advisable to send a legal notice to the opposite side giving them a chance to respond. If he is not accepting the notice then your case will become more stronger. You can also send them notice via Regional Post Office and get the receipt as a proof. Once a legal notice is sent, the builder may take action to solve the problem, and you can save the needless time and expense involved in going to court.

Niyati Juthali, Mumbai

15th September 2015

That's why, it is always better to go for ready-to-move property for a safer buy. Now-a-days delay is possession become fashion for the developer. They have a simple reply they are not getting approval. And the delay can be 3-5 years as i have seen in most of the reputed builder's projects. So, make up your mind for such delay and then proceed. I don't see any profit in such buy.

Arup rajan, Mumbai

9th September 2015

Comment

Hey Kim,
Before taking any legal action, check your agreement paper. If there is a clause for compensation on delay then proceed. There are very few clause which favor buyers. Better, take the advice of a legal expert.

Arup rajan, Mumbai

9th September 2015

Comment

I think Arup is right!!!!
Did you talk with the builder? Write a mail to him or visit his office before taking any legal action. Try to find out the reason of delay. If you are not getting the proper reply tell them that you are going to take legal action.

Kishore Pathak, Mumbai

9th September 2015