One of my known has recently been offered significantly curtailed compensation for a year long closely fought case in a district forum against Gardenia builder. The case was for a compensation of around 4 Lacs against delay in possession beyond 2 years from the agreed date of possession. However, the builder consistently maintained that the delay was due to reasons beyond their control like Noida Bird Sanctuary issue.
My friend showed his email communications as a point to prove that builder has been making fool of him and new buyers alike by promising possession within specified time even while Noida Bird Sanctuary issue was on. The builder however was able to wash of his hands from the communication stating that it was sent by one of his employee in individual capacity and that management has never quoted any such dates in person or via any email or postal channel. In the hindsight, a substantially curtailed compensation of around 50 thousands was offered to my friend who has now decided to go to National consumer court.
One of the definite learning from the case is to always include builder’s management in each and every communication you are having with the CRM. Always reply to every commitment from CRM keeping builder’s management in loop. You must also send the significant commitments via post to the official address of the builder addressing management. This would help you from unnecessary dragging of the case and would only help strengthen your case.
Comments/Feedback invited.Last updated: October 23, 2015 at 16:49 pm