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Author Topic: Builder not giving possession to Plot after full payment.  (Read 424 times)

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Offline rajeevpandeyis

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Builder not giving possession to Plot after full payment.
« on: June 10, 2016, 02:20:34 AM »

  I have booked a Plot in Indore in 2013 with a reputed builder of Gurgaon and the plot was sold by his promoter in Indore and there was an issue with loan processing on plot and builder has charged an interest of 24%. When I mentioned that it was  promoter fault then builder Indore office GM and Promoter both convenience me  to pay  the partial amount of interest with full amount of Plot payment. I have paid that amount after taking confirmation in mail from the promoter and it is CC to the builder employee. Now, from June 2015 they are not responding to my mail, then i went to Indore last month and their Delhi office employee told me that they will not give possession to my plot until the promoter or broker pay me the rest of interest amount and also they said that promoter has not informed me about the same and when i told them that your Indore employee is in agreement to it verbally and also in CC of the mail they simply say that they will not give possession until Promoter pay me the rest of interest amount. Now, when i follow up with the promoter he sent mail to builder employee and mentioned to deduct the amount from his security deposit to which the employee agree but again they started saying that promoter do not have any dues with us then we will not deduct the amount from his security deposit and when i am saying please reply to my mail with what you said verbally then they rudely say we will not  reply. I know i can go to consumer court in this. But i need your suggestion on this, since legal judgement take time then it is ok to pay the interest amount and then go to court or should i go to court now as court will not entertain my case if i will take the possession of the plot after paying the interest?

Offline riteshmaity

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Re: Builder not giving possession to Plot after full payment.
« Reply #1 on: June 12, 2016, 08:58:34 PM »
From your statement, it seems there was a delay due to loan availability. Whether such delay was due to your fault or someone else (promoter, developer, bank) can be decided and found out after going through the documentary evidences. Since you have already paid the entire amount of the plot, you can demand for registration and possession to the builder/ developer. If they do not comply within reasonable time, you can approach the consumer forum. Consumer forum is less time consuming than any other courts.
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