Legal Question in Consumer Law in India
I have booked a flat in Zirakpur (Punjab) adjoining Chandigarh. The builder has not completed the services to the flat and the lift to my apartment was not working till late July 2009. The builder had sent a letter to me in March asking me to take possession of the flat. I have been insisting that they provide me proof that they have a completion and occupancy certificate on which they are silent and have recently sent a claim for over 1 lac Rupees as penalty and on challenging the same, has sent a notice saying that unless the amount is paid, the entire sum will be forefieted.
There are others who have taken the possession but it may not be the best thing to do legally and the builder is citing those cases to prove his point, They may also have been coerced into taking the possession.
What should I do in this case?
2 Answers from Attorneys
You may send an appropriate legal notice to the builder followed by a complaint with the local District Consumer Forum seeking damages and return of your money already paid.
it is advisable to take the possession of the flat first otherwise the builder may creat problems in that during pendency of the complaint. once the possession is taken, you may initiate the legal proceedings by way of consumer complaint. even you would not like your money to get blocked for 1 lac of rupees.
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