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Non handing over of flat for more than 3 years what are legal options
28-Jul-2023 (In Property Law)
Flat not handed over till date and it is overdue by 3 years now. Want to know possible options either for smooth exit with refund from builder or filing grievance through RERA. Taken loan as well paid 80% value. Any help would be appreciated
Hey,
First off you should send him a legal notice informing him that you want a refund of your payment made till date.
Second you should file a suit for return of money and for damages cause due to the delay.. Check if your contract has any delay clause.
With regard to rera, it depends on whether the project has got a completion cerfiticate as on date of implimentation of rera.
Regards,
Aditya
First off you should send him a legal notice informing him that you want a refund of your payment made till date.
Second you should file a suit for return of money and for damages cause due to the delay.. Check if your contract has any delay clause.
With regard to rera, it depends on whether the project has got a completion cerfiticate as on date of implimentation of rera.
Regards,
Aditya
Helpful?
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Please check if the project is registered in RERA. If so, what is the cited completion date. Also check if there is any arbitration clause in the construction agreement.
You have a remedy to approach the Consumer forum. But, your case will depend upon proving the wilful intention of the builder to cause delay. Only perusal of the construction agreement can throw light, as there might be many defences to the builder.
You have a remedy to approach the Consumer forum. But, your case will depend upon proving the wilful intention of the builder to cause delay. Only perusal of the construction agreement can throw light, as there might be many defences to the builder.
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Banks normally release funds as per their schedule and on each completion stages such as piling, roofing etc., It is understandable that an inordinate delay has been caused by the builder. At this Juncture you may file a consumer complaint for defective service and may claim compensation. As far as RERA is concerned it is a new and untested law in Tamil Nadu and it was recently notified. Even the lawyers will get the notified version in days to come. However there are numerous advantages for the consumers in RERA as covers both, new as well as ongoing projects with a considerable size and units. To proceed with the Sections of RERA it needs careful preparation, interpretation and presentation.
Regards,
G.P.VIJAY
Regards,
G.P.VIJAY
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Adv. GP Vijay
Chennai | 200+ Answers
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Sir/Madam,
If you find any via media to get back the money, try to get back your money, this i am telling because of bitter experience sustained by client. If not you can initiate proceedings in consumer forum to reserve your rights.
If you find any via media to get back the money, try to get back your money, this i am telling because of bitter experience sustained by client. If not you can initiate proceedings in consumer forum to reserve your rights.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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You need to move the State Consumer Forum to seek remedy. You have to file a petition along with documents including your payment details, etc. Before that it is better to serve a notice to the builder in the above context.
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