Builder delaying delivery and not honouring the agreement
09-Aug-2023 (In Property Law)
Hi We booked a flat. Possession date was April 2017, however till date only excavation has happened. We have paid 80% under subvention scheme and liability for interest payment will be falling on us starting Feb'19. As per Builder Buyer Agreement, there is a clause which states, if the builder fails to deliver booked unit ontime (and after 6 months of grace period) and the property owner does not want to take alternate property offered by builder, then money will be returned without any interest. We have written to builder and met them in-person, they have refused to honor this clause and are openly challenging us to take legal route. We are middle class family and this money was my father's retirement fund. How can we get resolution, our money back!!
Dear Sir
I have gone through your query. In case the date of possession has passed and the builder has failed to offer you possession as promised. You can file a consumer complaint against the builder. The only thing that matters is the price of the flat, as it will decide the jurisdiction of the correct consumer forum. The agreement of the builders are always one-sided and allottees are being made to suffer for their own defaults. You are legally holding every right to get your invested money back from the builder with interest on that money. You can contact me for further clarifications.
Regards
I have gone through your query. In case the date of possession has passed and the builder has failed to offer you possession as promised. You can file a consumer complaint against the builder. The only thing that matters is the price of the flat, as it will decide the jurisdiction of the correct consumer forum. The agreement of the builders are always one-sided and allottees are being made to suffer for their own defaults. You are legally holding every right to get your invested money back from the builder with interest on that money. You can contact me for further clarifications.
Regards
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