Advice for Agreement Advice for Agreement

5 years ago

I have purchased a flat from a renowned builder. In agreement they have mentioned that Flat owners cannot do any wood work from outside vendors. And they are insisting to do the same through their home grown interior decorators. However, i want to have that work done by someone who is expert and these people are not.
What options do i have ? Can i ask them an NOC from the builder? Can builder deny me the NOC and force me to take interior decoration only from them?

Deepak Yashwantrao Bade

Responded 5 years ago

A.if you ask to builder to issue NOC he will definitely refuse to give you. builder done interior work from their mens for their profits . its need to overview your agreements paper for what clauses he imposed on customers. kindly send agreement copy for overview. and keep all record maintained like call record text massages or if possible to make video record of that person when you probe or insist to make interior work by your expert. builder thinks about his profit not your choice of expert work.
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ROBERT D ROZARIO

Responded 5 years ago

A.Need to go through the booking agreement to find out if there's an arbitration clause in case of dispute arises. There's every possibility builder refusing your request and wont issue a NOC. So you're are left with on other options but to protest against those unprofessional men who are at work. However, It's difficult to prove in most cases and make out a good case, unless you have some video recording about these men.

What best I can suggest as of now is follow this steps:
1) The first step of redressal is to approach the developer directly. If you have already done that you can give him a legal notice that you want the interior to be done by experts who are professional in this field or stop work and pay compensation.
2) If the developer is a member of CREDAI and in case he is not obliging, the grievance can be taken up with the CREDAI Chapter in the city having the Customer Redressal Forum to find solution. You can file a complaint online (Check the website https://credai.org/register-your-complaint)
(a) Once the complaint is received, it is duly filed, serial numbered and sent to the members against whom the complaint has been filed.
(b) He then has to respond within a stipulated time from the date of the receipt of the letter. In case the response within the said period is not received, the same is to be brought to the notice of the Grievance Committee for action. The receipt of the comments from the Member, same shall be sent to you (the complainant).
(c) If deemed necessary by the committee, the members of the committee may carry out inspection at the site.
(d) If the you (Complainant) is not satisfied by the reply of the Member and if issue is not resolved the committee shall call both the parties for personal hearing and tries to resolve the issue with a suitable order and close the matter.
3) Consumers who have bought property with non CREDAI builders can approach the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION website (http://ncdrc.nic.in/).
4) Make a complaint to RERA
5) The last resort for an aggrieved consumer is to take legal action by filing a case in the consumer / civil / criminal court depending on the nature of the issue.
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Ambrose Leo

Responded 5 years ago

A.You can give a valid reason for engaging out side interior and take prior approval of the builder in writing.
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Nirmal Chopra

Responded 5 years ago

A.At the first instance you are bound by terms of the agreement. But it will depend upon proper reading of terms and conditions.You can seek proper legal advice from Mr through vidhikarya with a copy of the agreement signed with the builder.
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