Delay in house possession is one
of the nightmares for the buyer, who has invested his hard-money for buying the
property. But, now it becomes a common scenario. There might be some reasons due
to which the buyer faces the issue of delay like –
- Pending of any government approval.
- The builder has short of funds. (Although after
the launch of RERA this become a rare case for new projects)
Yes, continuous postponement can be
disappointing, however, you ought not to lose trust since there are numerous
means you can take in such circumstances. It is better to have learned about
these things. So, it is advisable to read everything below carefully.
Things you should do right away-
- Contact the builder and ask the reason for delays and
the tentative date for the delivery of the possession. If you find the reason
justified, then wait for the possession to get delivered to you.
- Send a lawful notice to the builder and giving them some
time to react. When the notice is sent, the builder may accelerate the
construction, by this, you can save time and money.
- If you are
not satisfied with the builder’s approach towards your notice then, you have
the right to file a complaint before
a special body set up for real estate projects known as the Real Estate
Regulatory Authority. (Please note – RERA
complaint should be in the prescribed format. As RERA authority is different in
every state, the procedure and portal for filing complaint are different for
every state. )
last legal option which is left is to file
a customer complaint on the grounds of lack in administration as it has
been mentioned in the Consumer Protection Act, 1986 (CPA) against the developer.
A complaint must be a file with suitable ‘Consumer Dispute Redressal Forum or
Commission’ under the CPA. If the property was being purchased for personal
use, at that point a case can be recorded according to the estimation of the
property dispute of worth lower than 20 lakhs ought to be recorded in the
District Commission in your locale.
disputes which are of the excess of 20 lakhs handle by State Commission.
- Any property dispute of worth more than 1crore
ought to be straightforwardly recorded before the National Commission in New
Types of damages and relief you can get –
- A home purchaser can ask for his/her losses regardless of whether the ownership has been delayed by a day.
- The home buyer can claim the interest on the payment you have made till date.
- Buyer can claim damages of loss of opportunity caused, because of the delay of the possession.
- Claim the amount you need or have spent to buy alternate accommodation at the current value of your respective area.
- The buyer can ask for a refund also.
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