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Incomplete construction of project & no amenities provided as per agr
14-Feb-2023 (In Property Law)
Under construction property purchased in 2014, its a township project consisting of 4 phases. Builder has completed 2 phases but it is of substandard quality & no amenities provided as per agreement & as mentioned over broucher. Details of property mentioned over Maharera where builder has mentioned phase 1 completed but amenities stil under construction. Can I file complaint under RERA??. & partial construction completion certificate issued by Grampanchayat can be treated as OC??? Although my flat ready but I hv refused to accept the possession due to no amenities & possession chgs paid in advance in 2016 since builder claimed receipt of money prior to delivery of flat. Is it fruitful if I dont take possession until all the commitments r fulfill by builder?? Should I claim my rights under consumer protection or MOFA OR RERA Which 1 is more beneficial n speedy result can be obtained???
Hi. If the phase in which your flat is situated has received OC, then RERA won't apply. You have remedy under MOFA. But I need to check the Gram Panchayat CC and whether it can be considered as an OC. If it's not akin to OC, then RERA tribunal can be approached as it provides speedier remedy. The sale agreement will have a defect liability clause which you can invoke against substandard quality of construction and amenities. Since you have already paid the money, it would be prudent to accept possession of your flat. Atleast you have something against your money paid. But accept the possession with a condition that it's without prejudice to your contentions regarding bad construction quality and amenities. Record that clearly in a letter or have it drafted by a competent lawyer or you may also mull over issuing a legal notice simultaneously with acceptance of possession.
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