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#21 |
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Member
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This is in continuation to my earlier post.
In reply to Ansal's letter, my lawyer issued a fitting reply to the builder (Ansal Housing & Construction) and the dealers (Kalra Realtors & MNC Propmart). Again I asked them to reduce the price as agreed in the stamped application form and change the unit to a preferred one. The reply also stated that if they do NOT reply in a week then I will approach the consumer court. It has been already 2 weeks since my lawyer issued this reply. My lawyer is asking me to move the consumer court and get it settled legally. But I am worried about the legal expenses hereafter. It has been a year now since I booked the flat. I have already lost, a) 1 year interest b) legal expenses spent so far (not including those which I will have to further bear for consumer court) c) the tension because of this dealer and Ansal Housing (which is even worse than our government departments) My lawyer says it is generally difficult to get the interest, the legal expenses, and further alimony from the builder. Has anyone of you ever come across a similar case where the builder (and the other parties like dealers) was charged with the interest, the legal expenses and the alimony OTHER than the principal amount paid ? If yes, then PLEASE take some time to reply with the details (as much as possible). That may guide me in the right direction. |
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#22 |
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Senior Moderator
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There have been many instances where the Builder has been penalized for interest, legal expenses & for harassment caused ( try searching for the links on the web ), though the Indian laws are not buyer friendly .
Builder Fined Rs 5 Lakh for unkept promises ~ Co-operative Housing Societies in Mumbai & Thane, Maharashtra Builder fined for cheating flat buyer Builder fined for denying ownership - Times Of India http://goindiago..in/2011/02/builder...obtaining.html Builder fined Rs.25L over apartment deal gone sour, News - City - Mumbai Mirror Builders fined 1 L for filing ........& many, many more . .......but be aware that a fight for our rights with any Builder is not going to be easy . It could be a long hard fight & besides many other things, a grim test of your patience . |
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#23 |
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Member
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In my case, what do you think is the biggest weakness ?
First and foremost, there is a page in the application form that needs to be acknowledged by the builder. This dealer has not given me that page. This clearly indicates that they tampered with the application form. And the builder as we know is equally corrupt and is simply not cooperating. Is there anyone else who made a booking in September 2011. What was the Basic Sale Price at that time ? Was it 3,095 or 3,145 ? Please help to provide this information as it might help me in this legal battle. I will be obliged. |
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#24 |
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Senior Moderator
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New Delhi: Realtor Ansal Properties and Infrastructure has been directed by a consumer forum here to pay Rs one lakh to its customer as compensation for cancelling allotment of a shop to him due to non-payment of the balance as demand letter for it had been sent to a wrong address.
Holding the cancellation as "illegal", the New Delhi District Consumer Disputes Redressal Forum also asked the real estate company to deliver the possession of the shop to Delhi resident Ashwani Sharma. "The balance demand letter of August 21, 1997 is found addressed to wrong address. Therefore, opposite party (Ansal Properties) cannot blame the complainant (Sharma) for not depositing the balance," said the forum, presided by C K Chaturvedi "In these circumstances, we hold the cancellation as illegal, and direct the opposite party to deliver possession of the shop to complainant, on his depositing the balance amount, with interest on the delayed payment till August 21, 1997 only and not for the delay upto 2004," the forum said. Sharma, a resident of Saket here, had said in his plea that he had booked a shop in Sushant Lok Arcade, Gurgaon by making payment of Rs 50,370 to the real estate company in January 1995 and a second installment of equal amount in June 1996. He had alleged that he had made several enquiries about the next date of deposits of installments, but he had received no response till 2004, when after a delay of nine years he was offered possession of the shop subject to his making a payment of Rs 7.57 lakh, including delay charges up to 2004. The Ansal Properties and Infrastructure in its reply had said that after paying the second installment in 1996, Sharma slept over the matter even though he was sent a demand letter in 1997 for Rs 2.53 lakh. The company had added that his allotment was cancelled as he did not pay the balance amount along with interest for the delay until 2004. The bench rejected the firm's contention and said "pay Rs one lakh as compensation to the complainant for cancellation of (allotment of) the shop." Ansal Properties fined Rs 1L over plot |
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#25 |
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Member
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I have initiated the process of filing the legal case in the consumer court. I already paid the lawyer fees and completed other formalities.
Please suggest what all things I should take care of, to win this legal case with penalty on both the builder (Ansal Housing & Construction) and the dealers (Kalra Realtors & MNC Propmart). Please do not hesitate to share your experiences. Your suggestions could prove vital in my fight for justice. |
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#26 | |
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New Member
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I agree. I have suffered same fate in plot booked in Ansal Megapolis in Dadri. 4 years and more than 10 lakh paid and no sign of plot. Now Ansal threatens to cancel allotment and forfeit money.
LAnd is still not acquired by ansal and he is already selling it for last 4 years. Ministry of Environment and Forest has confirmed that entire Dadri Megapolis is illegal and has asked Ansal to stop construction. I have RTI reply from Ministry of Environment but still Ansal continues to give advertisements. Already several consumer cases are pending against Ansal for MEgapolis in Greater Noida consumer court. Lets hope Ansal lands again in jail for the frauds he is doing ... thanks, Quote:
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#27 | |
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Arun .... i would suggest that you start tracking and sharing all the correspondence you have with Ansal API here for future course of action and for benefit of all the prospective buyers.
I have visited their office in GN 2 months back, they showed me all the legal mumbo jumbo and certificates for land acquisition. Since i am not a legal guy, cant really say whether they were good or not...but at that time i was convinced that they have all the clearances. So please request you to share the details...i am looking to buy something in GN, and ansals' megapolis is definately on my radar. Quote:
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#29 |
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#30 |
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Veteran Member
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| ansal, api, complaints |
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