Delay in the Flat handover by builder after taking 95% of Flat cost
14-Sep-2023 (In Property Law)
Let me introduce myself. I am an individual who has been cheated by one of the Builders (XX Developers Pvt Ltd in Bangalore). I have brought Flat from XX Developer Pvt Ltd in their project in 2012. As per written agreement with XX developer in the sale deed, the builder promised to handover the flat by May 2014 + 3 Months grace period. Now its been Sept 2016, there is no sign of builder completing the flat after taking over 95% of the agreement amount. My Flat and entire project is incomplete and builder is not all responding to our emails/calls/meeting. He always gives some Schedule plans and does not adhere it.This is causing grave mental agony and Financial burden.
Kindly suggest what legal options do I have.
This delay amounts to deficiency of service on the part of the builder, despite repeated requests and demands by you and other flat owners if the builder has till date not handed over the completed flat to you, then as per the agreement he would be liable to pay compensation to you ( if agreed to pay prevailing rent or interest) till hand over.
If this is not being done, then you can issue a legal notice to the builder giving him 7 days time to respond to your demands, which would include payment of compensation (rent or interest) till hand over, plus monetary compensation of XX amount for deficiency in providing service. I have handled such cases against builders at the consumer court and I have gotten compensation to the consumers.
If after providing 7 days time the builder does not agree to your demands, go ahead and file the consumer complaint.
If this is not being done, then you can issue a legal notice to the builder giving him 7 days time to respond to your demands, which would include payment of compensation (rent or interest) till hand over, plus monetary compensation of XX amount for deficiency in providing service. I have handled such cases against builders at the consumer court and I have gotten compensation to the consumers.
If after providing 7 days time the builder does not agree to your demands, go ahead and file the consumer complaint.
Is the agreement for sale between you and the builder registered? Because, only registered agreements act as evidences before courts.
You have two options:
1. You can move the Consumer Court seeking remedy for speedier construction and handover claiming compensation.
2. You can move the Civil Court for Specific Performance of Contract claiming compensation.
Ensure to obtain Occupancy Certificate which builder has to arrange and provide to you.
Dr Gubbi, Counselor & Advocate, Bangalore
You have two options:
1. You can move the Consumer Court seeking remedy for speedier construction and handover claiming compensation.
2. You can move the Civil Court for Specific Performance of Contract claiming compensation.
Ensure to obtain Occupancy Certificate which builder has to arrange and provide to you.
Dr Gubbi, Counselor & Advocate, Bangalore
As a first step i suggest you to issue a legal notice for causing delay in completing the construction of flat and in-turn causing deficiency of service. In your legal notice you should also mention about claiming compensation depending on the terms of the construction agreement. Thereafter you can approach consumer disputes redressal commission in case your builder does not respond to you legal notice.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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