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Builder promised flat late by 5 years what can be done
19-Apr-2023 (In Property Law)
Builder promised possession by 2012. It is written in the agreement. But there is a sub para beneath it saying " The Owner will not claim any escalation over basic price on account of undue delay in completion of construction of flats" ECC/ESS cost of Rs. 2 Lakhs is not mentioned in agreement but he is asking for it now, saying it is basic sense. Everybody pays , I forgot to include it earlier. Moreover he still has not completed half the society and is asking for maintenance charges on the flats which are ready for possession. The basement, common area etc. nothing has been completed. What are my legal options ? It is evident the builder is void of any morals or whatsoever.
The options available with you are seeking civil remedy for recovery and specific performance besides that opting for criminal remedy as well.Therefore that completely depends on the facts and circumstances of the case.Please contact for any further details thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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In order to answer the query raised by you, one has to have knowledge of all the documents including agreements in addition to the present status of the flats, to enable me to advise appropriately.
However, to answer your query as per the limited facts stated herein, it is open for you to file a case against the builder and seek damages for delay in completion and handing over possession of the flats. Further, the case can be filed either in court or before the consumer forum depending upon the value of the claim being made. As per the current legal position and judgements given by different courts you may be able to succeed in the matter. With respect to maintenance, it depends on the status of the flats of which the possession has been handed over. If the flats handed over are being possessed and being used by respective occupants without any real obstruction being caused due to any construction activity then the builder may claim maintenance and if otherwise, the he may not. As for escalation in price, normally a contract is a binding document between the parties. However, if the builder can show that the delay has not been caused because of him then he can claim escalation but if the delay is totally attributable to him then he may not. However, it all has to be adjudicated upon by a court or forum.
It may be specified that the above opinion is based on the limited facts stated in the query and is subject to change once the information as stated in the first paragraph is made available.
However, to answer your query as per the limited facts stated herein, it is open for you to file a case against the builder and seek damages for delay in completion and handing over possession of the flats. Further, the case can be filed either in court or before the consumer forum depending upon the value of the claim being made. As per the current legal position and judgements given by different courts you may be able to succeed in the matter. With respect to maintenance, it depends on the status of the flats of which the possession has been handed over. If the flats handed over are being possessed and being used by respective occupants without any real obstruction being caused due to any construction activity then the builder may claim maintenance and if otherwise, the he may not. As for escalation in price, normally a contract is a binding document between the parties. However, if the builder can show that the delay has not been caused because of him then he can claim escalation but if the delay is totally attributable to him then he may not. However, it all has to be adjudicated upon by a court or forum.
It may be specified that the above opinion is based on the limited facts stated in the query and is subject to change once the information as stated in the first paragraph is made available.
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Adv. Pulkit Agarwal
Delhi | 25+ Answers
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Consumer forums can go beyond the contract and ignore the trade malpractice or one sided clauses also. You can initiate a notice and caution the builder by pointing deficiencies and claiming compensation. And if no resolution obtained, one can approach the appropriate consumer forum.
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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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