Consumer Rights

In India the property business is very badly managed. I have booked my flat in BPTP Spacio project in sector 37 d Gurgaon in Sep 2010. In past 5 years builder done only a structure of up to 13 th floor. In past 3 years no work has been done. At the time of booking the builder given so many promises to bust up the sale. But now there is no progress. We have form a association and this association is registered. Our association is dealing with BPTP from last one year. This association is not able to build a pressure on BPTP. According to BPTP the passion is possible in end of 2017 only. In that case the builder will pay to me only Rs.5/ p. sq.ft. per month i.e. Rs. 6125/ per month. While I am paying a rent of Rs.14000/- per month. If I do not pay the installment on time then BPTP will charge 18% interest. In sale of flat BPTP will charge 70/- per sq. ft. so there is never loss to a builder either he make home or not. At the end if BPTP will start giving passion then BPTP will again send me a letter for escalation charges without any consideration that the main fault is of BPTP.

I am bound with builder buyer agreement which was signed after one year from the date of booking. If I do not sign it or want to change any details then BPTP will not get agree and want to cancel my booking.

In my opinion this is due to that fact that in India no body get a punishment from our courts. In India courts are prepared on a mountain of next dates and do not have any target date. That why no body want to go to court and do not have faith on our courts. If a consumer court give any decision then it can be challenged in civil court.

The following should be adopted in my understanding :
Builder will make a catelogue with the application form at the time of booking. He will specify all the terms and conditions in that catelogue as same as the Govt. system.
Secondly there should be a specified and approved by govt. format of agreement.

Taj was build in 20 years and Jama Masjid takes 4 years. This was build 400 years back. It means our builder are so bad. If ShahJahan give the construction work to current builders then he will decide to kill all of them b'coz they can't able to achieve the task in 20 years and 4 year respectively after having good construction machinery.


DO NOT BOOK ANY FLAT WITHOUT CHECKING THE TERMS AND CONDITIONS. IF BUILDER NOT GIVING IT TO YOU AT THE TIME OF BOOKING THEN THE BUILDER IS NOT INTERESTED IN MAKING HOMES AND HE IS JUST A BUSINESSMAN. DO NOT BOOK FLAT ONLY LOOKING THE FAKE COMMITMENTS. IF BUILDER IS SAYING THAT HE WILL PREPARE FLAT IN COMMITTED TIME THEN AFTER THAT HE ALSO PAY 18% TO BUYER AS SAME AS IN CASE OF INSTALLMENT. NO CHARGES AFTER PASS THE COMMITTED TIME FOR ANY SALE OF FLAT. IN CASE OF CANCELLATION BUILDER WILL GIVE A MARKET PRICE B'COZ AFTER CANCELLATION HE WILL AGAIN SELL IT ON THE MARKET PRICE WITH PENALTY OF 18% OF TOTAL COST.

PLEASE JOIN US FOR SUPPORT BPTP BAWA ASSOCIATION.

Thanks
Parminder Jit Singh
9873412271
H.No.176, Sector 7 Gurgaon more  

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Thank You more  
It is now a days normal as there is no regulation or penalties from Government or autonomous bodies..it is our mistake too, falling towards Builders, their promises like swimming pools, clubs, etc etc...all will come after possession of 5 years if at possession is given. Is it possible to fight with builder when no has taken possession , even the residents taken possession not able to fight only struggling or begging the promoter to attend their defects ??? Very Bad situation. more  
This is a burning issue and many builders are the culprit. If I recall correctly Unitech has also recently also faced an adverse judicial ruling for the undue delay. Cases of outright fraud are also many. more  
Sometime back I read a news item informing that a consumer court had ruled that a one sided builder-buyer agreement clauses cannot be valid and asked the builder to pay for the delay not Rs 5 per Sq Ft as per the builder buyer agreement but at the same rate that the builder charges for delayed installment payment i.e 18% per annum on the amount paid to the builder for the flat. more  
It is an all-pervasive problem and we has a huge problem getting possession of our flat at jmd. Builder agreement are one sided and heed to protect the builder and though delay clausea are there there are counter clause tobprotect builder under escaltion clause. The unortunatw part is that the court has to be approached and that is a time taking. But as consuers we shoukd not get detered and we need to go to the court. Another aspect to it is that the problem does not end with posession and there are huge issue with the maintenance and the rates....eventually the rwa needa to take over. more  
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