Features not adhered to
Question: I have purchased a property that is being promoted by a renowned builder. It is a kind of a mini township on 2.5 acres with approximately 32 plots, and as per the brochure the features include:
Multi-purpose community hall; children's play area; transport (a small vehicle for residents); well laid out internal roads and street lights.
The features lured me into purchasing a plot and developing an independent house. Under the heading "Rights of the purchaser" in the agreement signed with the builder it says *Right to use and enjoy the community hall, swimming pool and other facilities as and when put up by the developer on payment of prescribed fee /sums demanded by the developer and /or owners association.
Now the project is nearing completion and there is no sign of any of the features mentioned above. The builder is now asking the clients to bear the cost of the land to develop a play area and community hall. I would like to have your advice on how to negotiate with the builder to ensure that all the features mentioned in the brochure are fulfilled. Also, please advice whether we can approach the consumer redressal forum in case the builder does not concede.
Smitha, Nandanam
Mr. Srinath Sridevan replies:
It is not clear from your query if the builder's demand has been made in writing or if it is only oral. It is not clear also as to what the basis is, upon which such demand is being made.
If the brochure embodies a clear and unconditional promise to provide certain facilities and if these are not provided, then, the failure of the developer to provide these facilities would certainly constitute a "fault, imperfection or shortcoming in the nature and manner of service required to be rendered," which are exactly the criteria entitling you to approach the Consumer Court for redressal of your grievances.
Kindly contact a lawyer with copies of the brochure, proof of payments made by you, Agreement with builder, and also copy of the demand now made by the builder.
Send in your queries and feedback to
propertyplus@thehindu.co.in or post them to Property Plus, The Hindu, 859/860, Anna Salai, Chennai - 600 002.
Printer friendly
page
Send this article to Friends by
E-Mail
Property Plus — Chennai
