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Author Topic: Cheated by SkyTech Builder  (Read 1957 times)

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Offline todev

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Cheated by SkyTech Builder
« on: June 12, 2015, 12:58:27 PM »
I have bought a ready to move apartment in April, 2013 and I have given my part on time and rest was financed from bank by builder banker but he didn't accept that. And he is asking extra money for which I was not ready as loan was sanction and he didn't take the cheque and then he said again to reissue the cheque and I did the same and second loan sanction but this time again he's asking too much money. He didn't send any demand letter and then he took many maintenance cost and gave a possession letter and received the registration fees and stamp duty cost.

I am not living in india and now he is saying that he's cancelled my apartment but he didn't send any notification to me.
He mishaved with my mother and sister when they visited his office.
I have already filed two RTI to get the complete information but he didn't respond anything.
I have complaint three times to external affair of india and they directed to SSP Ghaziabad to take some action but nobody is helping me.
Can someone help me out how can I over come this problem? I would highly obliged   you.

Offline advamrita

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Re: Cheated by SkyTech Builder
« Reply #1 on: June 12, 2015, 07:36:30 PM »
where in India have you purchased the flat?
in your case you need to first of all send a legal notice, to begin with.

Offline kphk

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Re: Cheated by SkyTech Builder
« Reply #2 on: June 13, 2015, 05:31:24 AM »
You have two options with you. First option is securing the flat and the second option is to sue him for breach and claim all the amounts you paid along with damages but forfeit the flat. Depending on the option you want to choose the legal recourse rests. For the first option you can file a consumer complaint and secure the flat within a short period of time. The a second one is a bit long drawn which is initiated by civil suit in a trial court. As there is a clear breach from his side in not accepting the payment when you advanced it according to the contract, you stand in a better position.

Offline todev

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Re: Cheated by SkyTech Builder
« Reply #3 on: June 13, 2015, 09:24:05 AM »
advamrita,
I have purchased the apartment in crossing republic society Ghaziabad, Uttar Pradesh.
I have sent him one legal notice and two RTIs as I mentioned in my question as well.
Can you help me to find a right person to file consumer complaint as I am not in india.

Thanks,

Offline todev

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Re: Cheated by SkyTech Builder
« Reply #4 on: June 13, 2015, 09:28:34 AM »
@kphk,

I would prefer to go first option first to secure my flat. It's very much disappointment to have a human like these builders.
I have purchased the apartment in crossing republic society Ghaziabad, Uttar Pradesh.
Can you help me to find a right person to file consumer complaint as I am not in india.


Offline kphk

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Re: Cheated by SkyTech Builder
« Reply #5 on: June 13, 2015, 10:09:10 AM »
I hail from the southern part of India and it pains me to say that I have absolutely no idea of advocates in Ghaziabad. RTI's will not solve your problems as it can be used only against Governmental agencies and that too for a limited purpose of securing some information. You need to give specific power of attorney to any of your relative in India appointing them as your representative for pursuing the consumer case. The whole process starts with giving a proper legal notice alleging the builder of deficiency in service which is not delivering the flat within stipulated time.

Offline todev

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Re: Cheated by SkyTech Builder
« Reply #6 on: June 13, 2015, 02:51:42 PM »
@kphk,

is there any law for NRI in which the process will be handled by some government body? As I have complaint MOIA, Ministry of Indian Affair which deals with NRI property problems and fraud with foreign investor like me.

If you can give insight of that part in legal way. As they are going to file a case against the builder and I am asking a lawyer in high court who will apply the stay order on his current construction as I bought the ready to move apartment.

Please help me.

Offline kphk

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Re: Cheated by SkyTech Builder
« Reply #7 on: June 14, 2015, 12:31:27 AM »
I am not aware of any such magnanimous activities carried on by our Ministry. There are 1000s of NRI's facing 1000's of problems which are private in nature and so I doubt if the ministry will bother to intervene. Did you get a confirmation mail from the Minister to the effect that they acknowledge your problem and they will be taking action on your behalf? If yes, please enlighten me of the procedure. If you get a stay it is a good move but you kick start a civil case, simultaneously the best step would be a file a consumer complaint as it is way quicker than civil suits.

Offline todev

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Re: Cheated by SkyTech Builder
« Reply #8 on: June 14, 2015, 07:40:00 AM »
@kphk,
Yes, I got a confirmation from ministry and that's why they send two notice to builder and then SSP Ghaziabad. As I informed them that I am not getting any solution from SSP after having their conversation with builder then they said they will talk hire authorities to address this and take on charge this SSP who is not taking any course of action. I can just wish that sometime it'll happen.
Could you please tell me how can I file consumer complaint against that builder? SSP Ghaziabad was also saying to file a case but that will be civil suite therefore I need correct direction to proceed in this way.

Don't know when would we have loyalty in our country people are crazy to earn more money by any way... :(

Offline kphk

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Re: Cheated by SkyTech Builder
« Reply #9 on: June 14, 2015, 07:53:33 AM »
In my opinion the quickest and the cheapest way to secure your flat will be to file a consumer complaint only. You need to file a complaint statement stating all the required facts with a prayer (relief) for delivery of possession in the district consumer forum. There is also a time period limitation of two years after which you cant file the complaint. You also need to attach all the necessary documents those are required to prove your statements in the complaint like agreement, delivery of possession letter etc.. This is how you start the process. In the alternative, filing a civil suit and getting a status quo order is a good way to prevent the builder from delivering your flat to somebody else. Both these remedies are available and can be used simultaneously.

 

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