A delay of 6-12 months is quite common, but anything beyond that is a cause for concern, and may cause financial loss to you.
In this case of considerable delay, you should file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder.
You can:
1. Claim the money required to buy alternate accommodation at the ongoing market value in the respective area. The purchaser can also claim the money given to the builder.
2. Claim interest on the payment made till date.
3. If the purchaser/ complainant is sure to get possession of the flat in a few months or years, he can claim compensation for the money that he will spend as rent on an alternate accommodation. This will be applicable if he is a first-time home purchaser, or if his building is being redeveloped.
4. The purchaser can claim damages for loss of opportunity caused to the purchaser, had he invested his money elsewhere.
We have the best lawyers for builder delay matters
We have some of the best lawyers for delayed possession cases, who have an excellent track record. Our partner lawyers have helped homeowners get relief through the court against many builder projects across India
If you do not file a case, you putting your investment at risk. IF the builder does not deliver your flat, or files for bankruptcy, you will NOT be considered creditor for the defaulting amount. For known creditors, the court can order sales of builder’s assets to recover money to reimburse creditors, but you will not be eligible without filing a case.
The case application filed with the NCDRC is for 12% interest for the delay, if the flat is delivered delayed, and paid amount with 18% interest, if the flat is not delivered within the next 12 months of filing.
Most builders have been promising deliveries and not meeting those deadlines. If your total delay in possession from initially promised date is less than 12 month, you may choose not to file. But if your investment is substantial, you need to ensure you do everything to protect it and not just take the builder’s word for it.
No one is worried about your money as much as you. We recommend filing the case individually as the process moves faster. In a group petition, even delay by one person can delay the case for all members.
Mostly the matter will be handled by the lawyers representing you. You do not need to appear in person, except 1-2 times for critical decisions. Your case can be handled even if you are not in town or living abroad.
The latest rulings and the RERA act are in favour of homebuyers and courts offer a fast resolution of such matters.Generally, cases in the NCDRC (National Consumer Disputes Redressal Commission) are resolved within 12-18 months.
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