In greater Noida West , Builder with commercial shop has increase in super area more then 2 percent where as per agreement any increase in area more then 2 percent has to take consent from buyer .
secondly , they are pressurizing for payment where as they have only received temporary OC not a Final OC from authority , how can they raise demand in Temp OC only .
Third , Since Builder prospects are not good now and project completion time was June 2020 but due to corona they took 6 month ext from authority but my question is if i go for cancellation they are going as per aggrement saying deduct 10 percent which is i think wrong if they completed project on time i should had got rental but now if they complete in 2021 i dnt think there is any rental and hence i should get my paid part to builder atleast no cancellation should be dedected .
please give your views on above and if i m satisfied then i will go legal then ..
2 Answers from Attorneys
You can definitely file case in Consumer Forum for refund of your money since the Builder has failed to give you the possession by the promised date.
However, since it is a commercial property, the consumer forum may not like to exercise juridiction....you will have to show that the shop was booked by you for your personal use and not for reselling, then the consumer forum may interfere.
Other option is to file case before RERA Authority for refund. 9810215488
You can also try arbitration route, if there is an arbitration clause in the agreement.
Arbitration or Rera. Give notice to builder. The builder may get corona reprive so dont touch cancelation. You may harp on excess Super area or temp OC.
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