DELAY IN POSSESSION
6 months ago
I purchased 2 flats from builder in Jan' 2020 & possession date was 30.04.2020, but the possession is not given by builder till date. The cost of one flat was approx. 27 lakh. I have 'Agreement of sale' registered with Sub-Registrar office and regularly paying Home Loan EMIs.
Builder has put one clause that I shall be Let/sublet my flats through one agency which functions as Homestay in that complex.
Pl clarify the following:
1. If any buyer buys flat from builder by taking Home loan & also mentions in 'Agreement of sale' that he will let/sublet his property to third agency after possession, than Is this buyer treated as 'Consumer' as per Consumer Act?
2. The cost of properties is Rs. 52 lakh and compensation to be claimed is Rs. 60 lakh in last 4 years. Can buyer file case in National Consumer forum?
3. If case is filed in National Consumer Forum through Offline method than would court summon builder for hearing at National Consumer Forum, New Delhi?
4. The place of buyer's residence is different from builder's office. Can Buyer case file in Consumer court at his residence district?
As per the Consumer Protection Act, a buyer who has purchased a flat from a builder and has entered into an agreement allowing the property to be let or sublet through a specific agency would likely be considered a consumer.
This would largely depend on the specific terms and conditions outlined in the agreement of sale. If the compensation being claimed exceeds the limit of the State Consumer Disputes Redressal Commission, the case can be filed with the National Consumer Disputes Redressal Commission (NCDRC). Yes, if the case is filed in the National Consumer Disputes Redressal Commission, the court would issue a summon to the builder to appear before the NCDRC in New Delhi for the hearing. The Consumer Protection Act allows a consumer to file a case in the consumer court that has jurisdiction over the buyer's residential address. If the builder is situated in a different location, the case can still be filed at the buyer's local consumer court, making it convenient for the buyer to pursue legal action without having to travel to the builder's district.
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