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[Resolved]  Shipra Estate — SHIPRA NEO PROJECT DELAY

Hello,

Currently I'm in mental as well as financial pain due to construction delay in Shipra Estate Ltd and GDA project "Neo".

I have made full down payment while booking in Dec 05 while trusting builders reputation by past projects (Big mistake). I was committed possession period of Nov-08 in allottee agreement which got further extended to Jun-09 and Dec-09 (letter was issued by Builder) and now it stands at Jun-10 (again letter issued by Builder).

There was no clause on builder for delayed construction or delayed flat possession in allottement aggreement.

Now after few meeting with builder and heated argument at time. Builder has send letter which says that builder is willing to give discount of INR 6,000 per month from Sep-09 (Builder didn't mention word penalty for delay but instid mentioned discount) and will make payment to allotee or directly to bank in case of home loan holders.

Already placed the RTI with GDA for the required questions and go the response from GDA as they are working on getting the answers to the points in RTI on the present status from Shipra. This also have been covered on Media UTVi and placed on You Tube to save people from becoming Fools by Shipra Builders - GHZ.

My question:
1) Since this payment of INR 6K was not part original agreement. Can builder force to accept this payment and also will accepting INR 6K payment, can my case be soft in consumer court, if i go for compensation case to consumer court now or in future period against builder. Please advive.

2) What is standard penlaty rate in terms of amount per Sq. feet or any % of flat cost, etc pervalent in the market now a days. Is there any court case ruling by which I can push builder for higher penalty rate? If you have any thing, please share.

3) This project is a joint ventire M/s Shipra Estate Ltd and GDA (flat booking payment was made in this name only). So consumer court case should include both parties or only builder?

4) Where should I file my consumer court case?
Project Site: Indrapuram, Ghaziabad, UP
Builder: Shipra Estate Ltd is having Regd Office at Delhi, Corp Office at Noida, UP and alloteement letter mentioned for any dispute is in the jurisdition of Allalhabad court.
GDA (Ghaziabad Development Authority): Office base in Ghaziabad, UP
So I'm confused on consmer court location/office where i can file my case. Lastly I stay in New Delhi. Please advice.

Can I file the FIR/Case for forgery and do suggest if any action can be taken for denial of service against the builder under legal section of civil and CRPC Code.

Please let me know if you any question or need any further information

Thank you
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Complaint marked as Resolved Aug 14, 2020
Complaint comments  1 CommentShareTweet

Comments

Hello,

Kindly contact me in case of fighting legal battle against M/s Shipra Estate Limited

Regards,

Harsh Parekh
Advocate
Email : [protected]@gmail.com
[protected] (M)

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