Legal Question in Consumer Law in India

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The latest on my problem is like this:-.I booked a flat at chandigarh during pre launch in May 2006.I paid the booking amount and filled up the registration form which says flat that allotment offer will be made within 24 months. Date in agreement was entered deliberately very late by the builder (Dec 2007).However Provisional allotment was issued on 25 Dec 2007which has the reference of my registration form (which mentioned total area of 1560 feet) in ..however builders have revised the area in agreement paper tyo 1700 feet). As per the agreement , possession of the said apartment will be delivered within 36 months from the date of construction or date of agreement whichever is later. In March 2008 I got a letter that foundation work has already started so make the next payment. I made the payment and visited the site. Only excavation work was done in my tower. Today(02 Nov 2009), I visited the site and saw that there was no progress on my tower except excavation. In 4-5 towers work is going on . Builders told me that he is planning to complete the 4-5 towers under construction and later only they will think of constructing other towers(including mine). He suggested me to shift to some other tower which is under construction. We did ot have any further discussion on the subject. But why shall I shift from the flat and tower I had selected to other tower?

Can he legally force me to shift to other tower? I don�t want to. If I have to shift then I will like to get my money back.He will never be able to complete my tower within 36 months.

Can I get out from this scheme and get my money back?

I have paid 11.2 LAKHS OUT OF 34 .5 LAKHS.


Asked on 11/02/09, 12:03 pm

2 Answers from Attorneys

Already replied that through consumer fourm it is possible but only after going through your agreement deed.

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Answered on 11/02/09, 12:09 pm
Seshadri Srinivasan www.lawconcern.com

Your agreement must be studied in detail. A subsequent correction or post dating the deed by a builder can all be proved easily and you can definitely issue lawyer notice and sue for compensation.

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Answered on 11/02/09, 8:43 pm


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