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Delay in construction by builder resulting in monetary loss to buyer


14-Dec-2023 (In Consumer Court Law)

i have entered into an agreement to buy a 3 bhk flat from a builder. construction was supposed to be completed by march 2016. two third payment has already been made. however construction is now stalled and builder has pushed date of completion to october 2016. on being questioned, he has quoted technical problems and has offered another flat in a different area as collateral. he also has promised no hike in price. but i don't trust these verbal assurances and am not sure if i can get the money back. i need legal advice on how to protect my money and my future in the project.

Answers (2)

Answer #1
787 votes
Dear Sir/Madam, if you believe on words of the builder/developer you can take alternative flat, as per your query you do not trust on your builder/developer on their words. You have to take a Memorandum of Understanding Agreement between you and the said builder for this. If you do not satisfy, you can move to cancel your flat and taken back your amount which you are paid already as per sale agreement by issuing a legal notice to the said builder/developer and taken to claim your refund of your money, if as per sale agreement to completion the construction within time, the said time is over, at that time you can file petition before jurisdictional consumer forum to claim compensation alongwith your refund amount which you have already paid to them and also to claim compensation for mental agony and etc.,. if you want my legal service I will do it. I have conducted and succeeded this type of matter.
Answer #2
911 votes
I suggest you to enter into a formal agreement with the builder stating the reasons for delay in handing over the flat and also fixing the date of further extension of time subject if he is paying interest at the rate of 12 to 18% per annum on the total paid amount in case of failure to handover the flat even after the date of extension of grace period. Thereafter you can approach a consumer court for deficiency of service and can claim compensation as per the agreement.

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