Can A Customer File A Consumer Case Against Promoter?
Question asked by Magesh LC:
I have booked a flat two years back by paying 1% of the flat cost as booking advance and then after 45 days, Agreement of sale and Construction is prepared by the promoter. 59% of flat cost paid in 34 days advance, which comprises of 1st Instalment of construction cost and sale deed for registration of undivided share of land in my name. Remaining 40% is also paid in due course, where 21% is delayed due to delay in releasing the loan from bank and remaining is paid on time and advance. We have paid 18% interest for delayed payment as per agreement and also promoter gave us 18% interest for advance payment in the initial stage. Completion period of construction is 18 months and additional grace period 3 months. But now he is asking Escalation Cost (No Where in the Agreement). We also lodged police complaint against Builder for Denying Possession of Flat. Immediately to escape from police interference he has lodged Civil Case and Fraud Criminal Case (as private complaint) against us. Also, builder has to pay penalty charges after the said period in case of Non-Delivery of the flat as per construction agreement.
Booked Flat on 23-06-2006
Last Date of Payment made on 06-07-2006
Due date of Delivery of the Flat – Sep 2007
Additional Grade Period for Delivery 3 months – Dec 2007
Till date possession of my Flat is held with the promoter and asking Escalation Cost (After Thought)
We have to get our Property only through Civil Court / Contact Consumer Forum for Remedy, when Civil Case is filed by the builder?
If Yes, Is there any time frame applicable for Filing case in Consumer Forum?
Kindly guide us
Magesh LC
Vatsala Speak:
The details of the civil case have to be studied. Normally you cannot sue on the same cause of action in two different courts at the same time. It should be decided by your lawyer whether to file a fresh case in front of the consumer forum despite the case filed in the civil court after studying the matter.Vatsala
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September 9th, 2008 at 7:44 AM
I recently invested in the real estate and discovered how important role formal agreements and legalities play in it. I never expected it to be such a tedious task. Contracts seemed to me pretty simple at the first glance but the whole procedure got a bit complicated later on. After getting done with groundwork of financing, settling down with an area of investment, sending the letter of intent to the owner, etc I was all ready to put everything in a contract. Initially I thought I will be able to manage the whole procedure all by myself. But later I decided to take the help of some real estate consultant or attorney for it as it gets very difficult for first time buyers like us to deal with all the paperwork. . It’s very important that everything is covered without missing out on anything. As contract plays an important role in protecting huge amount valuables.What I have learnt from my experience is -Don’t rely on verbal agreements, make sure it’s written down and part of the contract.For more view- realtydigest.blogspot.com