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Forum for members of BPTP Park Floors, Parkland Faridabad

Excellent reward opportunity, need Good Lawyer to Fight with Builder

Postby kamaldua » Thu Sep 12, 2013 2:53 pm

I need a good lawyer to fight my case against BIG Builder. Lawyer shall be willing to fight as no cure no pay basis.

My objective is not to extract / save any money. Any and all monetary compensation received will belong to lawyer. Additionally I am willing to put some agreed rewards in escrow for extra milestones which will be rewarded to lawyer on completion of these milestones e.g public apology by builder etc.

As can be seen from this site, thousands fighting over many claims. But unfortunately everyone has signed the contract ( including me) hence I am respecting the contract and lawyer does not need to fight for any thing which is out of scope of contract.

very briefly what I need lawyer to fight for me:
Note all payments ( legal or illegal) were paid by customer on time as and when demanded by the builder prior due date.

1. I applied for a floor in faridabad through one of my friend ( broker). Part of broker's commission was offered to me ( I think it was 5%). Broker paid me 2% cash and authorized builder to pay balance 3%. builder gave me a discount of 3% on one of installment. Meanwhile first a contract & later an addendum was sent to me for signing . As usual I signed without even reading nor I had any choice to disagree on any of clauses after paying many installments. Builder sent me signed addendum but did not send me actual contract. Meanwhile base price was increased (due to increase in the area or some other reason ) by builder and they demanded additional payments. I paid additional amount on time but asked them for additional broker discount ( 3% on increase price). At that time I realized they still have not sent me original signed contract. I started pressing them for signed contract copy. Eventually they sent me contract but modified the contract with pen without our authorization.

Is the contract still valid if unauthorized changes to contract has been made by builder?

See attached image.

2. I kept on paying all installments and other increased EDC , IDC , inflation etc under protest on time. Final demand including maintenance charges were paid on 10th July 2013. As per offer of possession letter builder shall handover the floor to me in 90 days ( 30 days still to go).

I paid maintenance fee on 10th July 2013 using RBI NEFT service. For which I sent them receipt many times including my bank statement but builder has not confirmed receipt of payment even after many reminders.

This may be due of a deadlock : Builder sent maintenance contract to customer. Customer could not have signed the maintenance agreement as he was not available in India for few months. Customer requested builder to choose one of following option:

A. Both sign the maintenance agreement at same time just prior registration and physical handover process ( as buyer builder contract requires maintenance contract to be signed prior physical handover).

B. Builder signs maintenance contract first and then customer can sign as customer has already lost trust on builder due to unauthorized modifications of builder buyer contract as stated in item 1 above.

Builder is not agreeing to any of above and not acknowledging receipt of payment.

3. Builder could not safe guard customer's sensitive personal details and same has been leaked to many brokers & contractors.

4. Authorized Signatories of builder: Customer requested signature verification documents of signatories of builder similar to what was demanded by builder to avoid fraud. Builder failed to provide such documents neither such documents are attached with contract.

5. Other normal genuine issues which many others are fighting e.g. increased in area price can only be charged at time of physical possession, non payment of penalty charges, sending offer possession even when there is no electric / sewage facilities etc

Let's hear from all good lawyers if they have ability to win this case.

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