Legal Question in Consumer Law in India

Hi,

I bought a flat from Sobha Developers in 2011. That time the construction had just started. In 2012 many buyers including me got to know that there a big graveyard right in front of our balconies. My flat is on 9th floor so the view is very clear. We spoke to the builder but he washed of his hands saying that he himself did not know of the graveyard.

The flat was handed over in march 2014. Since two years I have been trying to sell it but obviously no takers are there. I can't rent it out. We have been cheated badly by Sobha Developers. The builder is doing the same thing for Sobha Eternia and Sobha City prospective buyers also.

My queries are:

1. Does this come under unethical practices by the builder?

2. Now that my life savings are stuck, what are the options for me?

3. I am planning to expose the builder in media for sure, but shall I try to speak with the builder first knowing that he is constantly unreachable?

4. What is the procedure of filing the case in consumer court?

5. What happens in these kind of cases?

6. I am forced to continue staying at a rented place as my family has refused to move in there because of the psychological effects they may have because of the graveyard. Does this also come in any kind of mental torture given by the builder?

7. What legal procedure should I follow to expose the builder?

Regards,

L. Gupta


Asked on 3/17/14, 7:16 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.03.2014

Dear L Gupta,

"A bird in hand is worth two in the bush". If you are not staying in any property ... never keep it idle ... lease it. To answer your question :

1. No. The purchaser is also expected to conduct a reasonable survey of the property at the time of purchase.

2. As I said, immediately lease the flat on an Agreement for Leave & License (ALL) at the prevailing monthly lease charges in the locality. Put your free advert in www.magicbricks.com & www.quikr.com and earn income from your flat.

3. Yes. You should meet the Builder and clarify your doubts.

4. Not recommended.

5. Refer reply (4) above.

6. No. Refer reply (1) above.

7. Refer reply (4) above.

Regards,

Read more
Answered on 3/17/14, 6:48 pm


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