Builder to pay up for delay in construction

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Express News Service

Posted: May 06, 2009 at 0036 hrs IST

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Chandigarh To return excess money charged from complainant

The District Consumer Disputes Redressal Forum has directed the A&A Developers and Builders in Mohali to pay Rs 25,000 as compensation for a delay in the allotment of a flat to a resident. The company has also been directed to complete the construction and deliver possession of the flat by the end of this year.

The forum also asked the builder to not demand any amount in excess of what was earlier agreed upon and directed Hill View Promoters, a partner of the company, to refund Rs 1 lakh taken in excess from the complainant.

The complainant, Sanjeev Goyal, had applied for a flat with A&A Builders and Developers in January 2007. He booked a flat in Golf View Towers in Sector 91, Mohali, and made a “full-and-final” payment of Rs 31 lakh. In February, an agreement was signed according to which the builders were to complete the construction of the apartments by December 2008.

It was averred in the complaint that while no construction had started till the first week of August, Goyal received a letter from Hill View Promoters, demanding Rs 4 lakh more due to escalation of the price of the project. He was asked to pay Rs 2.75 lakh immediately. The complainant said he paid Rs 1 lakh under protest, but there was no supplementary agreement to this effect.

After the builders delayed the project for more than one year and nine months without intimating him, Goyal said, he moved the consumer forum, alleging deficiency in service.

The forum, headed by Jagroop Singh Mahal, said it was clear that no construction had started at the spot. “The builders rather played a trick by transferring the project in favour of Hill View Promoters as its partners, who wrote a letter that there had been an increase in the cost of construction and, therefore, he (Goyal) should pay Rs 2.75 lakh more. The complainant was told that the escalated cost had already been paid by 26 members.”

The forum said the firm was liable to compensate the complainant and directed it to pay Rs 5,000 as costs of litigation.

recent update from RAJU PANDYA AND TEAM FOR NEELKANTH BUYERS

dear friends
the latest news is received sms from RAJUBHAI PANDYA
THE SMS READS FOLLOWING
tok n lernt fm M.Patel negotiations is in progress in +ve nod n likly 2 conclude before wed v have wait till d date work yet not started at site RAJUPANDYA
Now I think this is the problem! we all have got divided in small groups of representatives with our own small group of known friends and we keep on talking to to M.patel at different times and thereis no strong representation from our side ,in terms of organised and structured representation,which i think FIRST LET US COME ON ONE PLATFORM
SHARE OUR FRUSTRATIONS AND PROBLEMS AND START TAKING SOME COGNIGABLE ACTION TOGHETHER
1) SIMULTANIUOS STOP PAYMENT TO THE FINANACIAL INSTITUTIONS ASKING FOR PAYMENT HOLIDAY TILL THE O.C occupation certificate

2) take some action which will not delay our project

3) start thinking about the completing the project on our own(sounds rediculous but that is the last alternative as against going to consumer forum)

4) these situations have come in the history of construction line n number of times and different people have taken different discourse what we have to take is our own decissions so let us organise by meeting on regular basis iether on sunday morning at the site and just dont sleep over the matter

please develope data base and also take support of M.PATEL for the same.

BUILDER RAJ

Dear fellow brothers and sisters

It is request to all owners of neelkanthkingdom flats at vidyavihar to speak up about their issues regarding the possession delay of their dream homes for which we all have already payed the required amount well in advance and the builders neelkanth group and gammon India (builders to nation) have exceeded their commitment time to infinity it seems and their written commitments in the registered documents have been failed

This is begining and tip of the iceberg imagine if they cant fulfill this primary commitments what about the post possession and the maintenance of the mega-proposed structure

IT IS NOT AN ATTEMPT TO REVOLT OR FIGHT WITH ANYBODY ,I AM NOT FROM ANY OPPOSITION BUILDER LOBBY OR HAVE ANY PERSONAL GRIEVANCE AGAINST THE BUILDERS, BUT IS PLAIN FRUSTRATION AND RESPONSE TO THE SYSTEM

We are the consumers that does'nt mean that somebody can show us rosy pictures and and then recover the large sum and then fail to deliver and sit relaxed not even bothering to conduct a reporting meeting and on top of just trying to lure us by another sample flat and selection of tiles and so on, do they really think that we are so dumb and have no brains on our own to react and they can move us like a herd of sheep as they want

It is my humble attempt to at least speak about what i feel and would like to know about everyone else genuine unbiased and feeling from heart, want to write more, but would like to know that isit right or I have a misconception about the whole situation post your comments with personal details of name, mob no, flat no booked, and present residence add so we can communicate and solve the issue together in united fashion

Regards

Dr Kartik Bhanushali