Legal Question in Consumer Law in India

Dispute with Builder

Two years back we had an agreement with builder for purchasing flat with rate ''X'' per Sq. foot. ( Registration is also done). But building plan was not approved till that time. Fifteen days back this plan was approved. We only paid booking ammount @Rs.50000/- to builder. After that, he also not asked us for ammount as plan was not sanctioned. We are ready with loan from last one year. Now till date flat rates increased upto ''2X plus''. After getting plan approval now He is demanding additional 2.5 lacs. from us. Construction of building is completed 3 months back. For us it is not possible to pay such ammount additionally. So pl.guide us what should we do & is there any low which support us from builders demand?


Asked on 8/20/07, 5:28 am

5 Answers from Attorneys
Nandita Haldipur Haldipur Associates

Re: Dispute with Builder

we need to see teh terms of teh agreement entered into between you and builder to advise you on the same

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Answered on 8/20/07, 10:02 am
G. M. Gupta gmguptaandassociates

Re: Dispute with Builder

lots of laws in your support.

file FIR for instant relief

try consumer act

civil courts can also be approached

urs choice.

if desire consult me with documents. Consultation charges will apply.

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Answered on 8/21/07, 2:34 pm

Re: Dispute with Builder

The agreement executed between you and said builder is required to be examined in order to give you any advise on given subject matter.So contact with details and relevant documents etc.professional charges shall be applied.

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Answered on 8/20/07, 12:35 pm
AKHILESH S DUBEY AKHILESH DUBEY

Re: Dispute with Builder

There are two ways you can seek remedy under law

a) Under consumer protection act and

b) by filing a civil suit.

The first remedy shall no doubt save you court fees but shall not be as effective as the consumer court can only look into deficiency of service and compensate you in terms of damages. However, by civil suit you can seek for specific performance of the agreement under Specific Relief Act. It will be better if you show your agreement to some professional, wherein he can guide you.

Regards,

Akhilesh S. Dubey

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Answered on 8/20/07, 2:36 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Dispute with Builder

at this point of time i cannot formulae any advice as need to see the terms and conditions between you and builder

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Answered on 8/21/07, 3:42 am


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