Consumer Redressal Forum

Team,

I have purchased a flat from one of renown builders  in Hyderabad, in February 2011 by doing a sale agreement and paid around about 10 lakhs rupees.

10 days after the sale agreement was done, the land came into an dispute. WAQF board in Hyderabad, filed a case against builder and 16 other companies that this land belongs to them. The builder is saying he has bought land from APIIC(Andhra Pradesh Industrial Infrastructure Corporation) which is a Government Authority, in an open auction.

Immediately after this case was raised, Court has given orders to stop doing Registrations for flats.

I didn’t paid next set of installments as land was in dispute, and I was waiting for this to get over.

However builder is repeatedly calling me and asking for payment. I told him that if land is in dispute how you can expect payment from me?

He has sent letters to me, where he claims that I need to give him interest of around about 2 lakhs rupees as I didn’t made payment on time.

I am being pressurized to start bank loan, so that builder gets all money (90%) from bank.

I am worried to start loan as if tomorrow this goes into dispute, I may not get the flat but could still end up paying EMIs to bank.

I personally met VP of the construction company and he said that you have following options:

1. Go for cancellation and pay them 10%  of total flat cost which is Rs. 7 lakhs (he can reduce to 5 lakhs), as mentioned in sales agreement. When I said if your land is in dispute the termination clause of paying this much amount should not be valid, he said no this is valid and you can file a court case if you want.

2. Release money from bank in next 10 days, so  he will waive of interest amount (since payment was not made on time from my side, for what he has sent letters to me).

I need your help and suggestion, what I can do in this case. I don’t want to invest more in the flat which is already running into dispute.

Is it a way I can get all of my money back from builder and cancel the deal.

Regards,

From: Rajan Khakhar

Message:
Dear Sir,

I had bought a flat in Kandivali (E) in resale (when the building was under construction). So, my sale agreement was tri-party agreement between the seller, builder and me.

In the first sale agreement, it was mentioned that the builder will provide shopping plaza for the building. In my agreement, there is no mention of the change of plan of not providing the shopping plaza. Surprizingly when my agreement was executed, the land which was enmarked for shopping plaza was already given on lease (or sold, I am not sure) to one company which has made it as their corporate office.

I checked with the seller subsequently, who told me that he was not aware of any of such thing and builder had not informed him in this regards.

I feel I am cheated by the builder by not providing the facility mentioned in the agreement.

I request your suggestion / openion in this regards, if this matter can be taken up in consumer forum.

Thank you.
Best regards
Rajan 

 From: Rahmat Siddiqui

Message:
I had purchased a flat at Agarwal Peace Heaven, Kaul’s Heritage City, Bhabhola Naka, Vasai – West, from Agarwal Builders - Andheri (City Life Developers) Agarwal Golden Chamber, Fun Republic Road, Plot No.13/A, Behind Balaji Telefilms, Off. New Link Road, Andheri (west), Te.No.022-61480000 in the month of June' 2008. All the payments were made to the Builders for flat along with the maintaninence charges, Municipal water connection charges, Meter connection chares etc.

Almost 2 years have been gone but still our wing has not got municipal water connection & even we are not getting Municipal water. The builder is supplying tanker water to us for last two years. The quality of water is very much poor, but we don’t have any alternative option, and we have to use that. We have made the payment in advance for Municipal water connection to builders almost two years back, but still the builders is saying the work is in progess. Even till today the society is not handed over to us. Because of this poor quality of water, many times my family members & children got infected and i have to hospitalize them.
Even in my building the lift is not working properly, most of the times it is not working. The qulaity of Lift is not good. Even the qlality of generator provided by builder for lift is not good.Most of the time generator is not working, almost two months back the generator was not working for 10 days continously. In vasai there is power cutoff for 5 to 6 hours a day, we have to face the problem because many time the generator is not working. Even today i.e.29th June 2010 the generator is not working.

Even the construction quality of the builder is very much poor, I have a leakage problem to t

 From: Malti Mahendra Pancholy

Message:
Hello madam/sir here is malti pancholy I am single lady. I purchased land in 2008. I paid all money to the society but they are not providing me any supported document to me and giving hard time to me, I paid them all money by check and i have receipt with me now society try to avoid it and society's admin is not working properly and I think they sale land to only wodow ladies i need you guide-line please help me. I am not citizen of india i do not know the rules and regulation in india.

 From: Greta Anil

Message:
I had bought a house 2 years back. Last year when the first rains came Ihad water pouring inside my house as it was the top floor flat and this was happening due the lapse of the Builder, which he admitted and send someone for repair.

What repair he did I have no idea but the problem still persits and yesterday again when the first rains came the house was like a hut pouring from the top.

I need your help in getting this fixed by the builder as I hve spent lacs of rupees in this flat and to have it pouring like this is very disturbing. On contacting the builder he and his repair man both are out of two for some days now.

I feel that this is just toget away from the expenses and forcing us to spend as we cannot have water pouring like this as it is spoiling not only the bed roomfurniture but also the expensive paint that we have done.

Request you ]r urgent help.

From: Lakshminarayanan Srinivasan

Message:
I purchased a flat in Bangalore from Balaji Builder and registered on 30th April 2010. As per the agreement the Building will be ready to Occupy by March 2010 and with a grace period of 2 months. Now we are in July 2010 and there is no near view to get the Occupance certificate. Builder said he will pay the Penalty of Rs.6/sft and there is no commitment on that now. Builder has taken 100% payment and not maintaining his words and not maintaining the quality. We could not see any transperancy with the builder.

We are loosing money on paying EMI and rent. I request to suggest and looking forward for the further action on this. 

 From: MANOJ GUPTA

Message:
Sub : Faulty car parking allotted for flat 505, Arihant Harmony, Ahinsa Khand II, Indirapuram, Ghaziabad
Dear Sir

Covered car parking in stilt was purchased based on assurance by M/s Arihant at the time of booking of flat that the same would have sufficient space for the big car. Full payment was made to M/s Arihant for the same. However, the parking allotted after possession has no sufficient space and no turning radius due to only 7 feet clear width between two concrete columns. In fact it should not be the parking area because it is adjacent to electrical panels . Following may please be noted:

1. All allotted car parking in stilt do not have same width. Most of them do have normal parking width of 10 feet but the parking allotted to me has 7 feet width between two columns.
2. The cost of car parking was same for all purchasers. However, M/s Arihant has allotted car parking as per their own wish i.e. more spacious & good parking to influential persons. There was discrimination while allotting the car parking.

In view of above, the car parking in stilt allotted to me is not acceptable in any circumstances.

 From: Amal Raj

Message:

I live in Malaprabha block in National Games Village. Suddenly they have raised the maintenance charge for the bachelors who live here. The maintenance charge for Family is 1200 and for bachelors is 3000. I feel this is unfair. How can i go about this ?

 From: Vijay Vader

Message:
I have booked flat in Vasant Lawns complex of Sheth Builders at Thane (w). I have made 100% payment against which builder had promised me to give a soft possession of the flat so that I can start interior work. Now he is refusing to give me this possession unless I give DD equivalent to 2.5 % of the sale value towards anticipated service charges. DD also has to be on builder's anme as per his demand. When I agreed for the same ; he again informed me that I should not draw the DD because they would now possible advise me to draw the DD --again onthe name of Sheth Builders only- with an additional amount of to include the possible VAT also. i am yet to receive final communication from Sheth Builders in this regard. But their tactics seem to delay the hand over of the flat in spite of 100% payamnet from side. In fact the had promised possession in 2009 March when I had booked the flat in 2007 Sep.

Could u pls advise me as to how should proceed in this matter ?

Regards

Vijay Vader
Flat no D-401
Pratik Co op Hsg Soc Ltd, Near Samata Nagar, Kusumagraj Road
Tanne (w )

From: Rajarshi Panigrahi
Message:
Dear Madam/Sir,

We had booked a flat with Alpine Housing Development Corporation Ltd. in the year 2007 in their project-Alpine Viva (Whitefield). Builder had promised us the possession of the flat by July 2008. However, the possession has not happened yet (till May 2010). Builder is not willing to talk to us. The construction has literally stopped and the structure looks the same since last 1 year. We are depressed and disgusted. Like me, there are so many people who have taken loans to buy our dream home. I am paying an EMI of Rs. 19,838 every month since 2007. It is very difficult for me to pay this EMI. As i dont want to become a defaulter either to the bank or government, i am paying the EMI with out getting any kind of tax benefits or getting my own home which is my right. Please help us. We need your intervention desperately.

Thanks & regards,

Rajarshi Panigrahi
9886806260
9886855754 

Dear Sir,

I bought a new flat one year back from builder by paying near Rs.35
Lakhs.Out of Rs.20 Lakhs are loan thrw Bank of India.

Within 1 year itself falt is having complete water leakage and builder
is not ready to resolve the issues.Is the same case can I able to file
through consumer court Mumbai 

From: Ashok Narayanapur

Message:  
I booked the site with builder about 5 years ago by making 25% of site value and have signed sale agreement also. Layout was not developed and it was told that the registration will be done after lay out is developed. Layout has been developed. But still developer has not registered the site. He has deferred registration by given some reasons that land is not yet settled with land owner. And he pushing it since more than three years. About a month ago I came to know that site has been registered to someone within their office. I am trying follow up him. But he is unavailable in office and in phone also.Can this grievance be redressed and settled?