Non completion of Housing Project
Hi Sir/Madam, one year ago I bought a 3BHK flat in Siliguri town of West Bengal Town, by paying 96% of total amount. since project is still not completed so I did not pay the 100% amount yet. But builder is calling and harassing me daily for the balance payment, but I said until and unless the project is not complete I wont pay any money. Requesting your suggestion or advice on that.
If the completion timeline of the project has not been met then such an action is violative of the consumer rights being breach to fulfil the promises made & utilize the consumers money towards the completing the project. It is also deemed that the builder might have utilized your money elsewhere for it's personal benefits instead utilizing for the project. We need to see the reasons of non-completion too in such cases.
What are the terms of the agreement of sale signed between you and the builder is not mentioned in your question, however since you have paid 96% of total consideration within one year ,now you need not to pay unless and untill the possession of the flat is offered to you by builder. Generally Payment is made in phased manner depending on the development in construction of the project. In case there is any violation of terms of agreement of sale you can file case against the builder in consumer forum.
Kindly visit the site to know thw actual status of the construction. Also, please go through your agreement to idenify at what atage is the final payment to be made. Generally, the final payment is due when the property is nearly complete or at the stage of near completion. You have the option of filing a complaint in the Consumer Forum at any stage if you think that the termsof your agreement are not satisfied.
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