LEGAL OPTIONS AGAINST A BUILDER
Purchased a virtual space in a commercial property Cosmic Corporate Park2, sector-140, Noida by Cosmic Group. As per agreement I was to receive 11% assured return with Bank guarantee through bank transfer or cheque till the offer of pssession. I received assured return for 2 years but since April 2015 they stopped paying and not giving any time/date by when they will resume payment. They are forcing everyone to convert assured return with additional space. As of now there is no sign of development at project construction site. They are also not giving refund. They always make false commitments. They say they do not have funds and are in contact with Bank and private financiers to back their project but there is no hope I guess as builder has done all these in a preplanned manner. Most of the customer already made full payment then where has our money gone??? Kindly help me getting my hard earned money back. Thanks more
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First & Foremost - pl. avoid the misleading & Misconception Advised like "Consumer Court may not entertain the complaint as it was a commercial property which is outside the purview of consumer protection act." There is clear verdicts that commercial Property purchased for Livelihood comes under the jurisdiction of Consumer Act. Same is the case of "Legal option against your cases pending more than 3lakh." It is more advisable that you had already ventured and to get the remedy you have to adopt MULTIPLE options - subject to your capacity of Time, Money and efforts. Considering you desire to opt for the same - the remedies are : 1. Lodge the Criminal Complaint with EOW/Police. Mostly they will not lodge the same but against the acknowledgement of the same you can initiate Private Criminal Complaint in the Court. 2. Consumer Forum / Commission - Considering the value, interest, Return, losses etc. the total value exceeds Rs. 20 lacs - wherein you can approach to the State Commission so to save the time. I am sure there will be more victims like that of you - joining hands of couple of them will save lots of time, money and efforts - BUT more advisable - to lodge the Individual cases - to be lodged and pleaded jointly. 3. New Act is already enacted - wherein the relevant mechanism to be established. You can also file your complaint simultaneously. 4. Civil Remedy - which is time consuming. BUT all above are different from each other can be done simultaneously. more
Jul 13
DAKSHIN HARYANA BIJLI VITRAN FARIDABAD. Worst managed board of Haryana Govt We live in Sainik colony Faridabad and suffer from frequent long power interruptions. Vague answers or no answers is the response. Life quality is so bad in this so called smart city. Will Haryana Govt wake up after 51 years of Kumbhakarna sleep. more
Jul 11
Mr. Sanjeev Kumar, as far as your problem is concerned it will be proper and economical too if more and more people who are cheated by the same builder come together and form an association, then you can engage a good lawyer to file a case of cheating or non-fulfillment of agreement by the builder. Very recently Mumbai high court has penalised such builders very heavily and in some cases police cases has been filed. The check Mumbai edition of some of national English dailies of last 30 days. It is a civil matter and I am not sure whether consumer courts have any jurisdiction in such cases, but any how you can file a case in consumer court also. more
Jul 08
With new technologies/ services/ consumer products etc. problems are bound to come. But government should frame guidelines to protect the interest of the consumer. more
Jul 08
