I booked a flat with a real estate firm in Gurgaon. The firm concealed the information regarding instalments I had to pay. They showed me the letters they sent me by post,but I did not receive any communication from them by any mode. Now they say that my unit has been cancelled as I did not pay the remaining money on time. I have been requesting them for last the last two months to consider it. Should I file a suit against them? Please guide me.
Deepak Y,Delhi
It is difficult to imagine a builder sending you letters by ordinary post. Such important communications must be sent by speed post or registered post or at the very least by courier. I suggest you approach the consumer forum as this amounts to a kind of fraud and you will surely get justice there. Before doing so,consult a lawyer and send a notice to the builders demanding the delivery of the flat and expressing your willingness to pay the agreed price.
Can a time share company levy the annual service charge for maintenance for the lapsed period even though during the lapsed period,the property would have been profitably let out by the company?
Harish Kohli,Gurgaon
Usually the company charges an annual service charge as per the contract signed with the client. While charges may vary with the size of the unit,there may not be a direct link with your usage of the unit in a particular year. You will have to consult your agreement with the time share company for clarity.
I had booked a flat in Delhi-NCR in the year 2009. At that time,the open parking for one car was sold to me for Rs 75,000.
I have heard that the Supreme Court has passed an order that one open parking has to be provided to the flat owners free of cost. Could you please tell me the details about that judgement?
Pramod,Delhi
The Supreme Court has confirmed a Bombay High Court judgement that open/stilt parking and in fact any common areas cannot be sold. The logic should hold good all across India and I feel that challenging the so called sale as illegal should be your next step. Today,many builders are selling parking in open defiance of the Supreme Court judgement for huge sums and this practice needs to be stopped.
The expert is a Mumbai-based CA
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