A builder can neither unilaterally extend the date of possession nor insist on allotting alternate flat or plot to escape refunding the amount.As in any legal matter, you
should posses evidence to prove your stand or allegation. Get all papers and
documents ready—advertisement brochure, booking receipts with payment details,
any letter sent by the developer, signed agreement, all payment details, emails
exchanged, photographs collected, and others. Avoid verbal communication.Buyers should always send a
legal notice before approaching any forum or court with their grievance. They
should have taken objection with the builder against violations or illegal
demands by sending a letter so that evidence can be created in their favour to
be produced at the time of proceedings
1. You can ask for a refund from the Builder. If the builder delays the
completion of the construction beyond the stipulated time, property buyer to seek a refund and compensation from the builder.
2.You can file
a case in the consumer dispute redressal commission .
Any dispute over 20
lakhs can be directly filed before the State Commission and
Any dispute over 1
crore can be filed before the National Commission in New Delhi.
Any dispute for
a value lower than 20 lakhs has to be filed in the District Commission in your
District.
3. There are special provisions in some states for the benefit
of consumers.
For example, if you are in Maharashtra, you can get remedy
through Section 8 of the Maharashtra Ownership Flat Act 1963, which makes the
builder liable to refund the money obtained from a consumer with interest if he
is unable to justify non-completion or delaying possession of his project. This
section clearly works to safeguard the interest of the consumer and it is the
duty of the builders to complete the construction on time.
4. There are some additional provisions which you should be
aware of.
For example, the Domestic Building Contracts Act 1995 states
that the builder has given the following warranties
(a) That all the work would
be completed on time
(b) That all work
will be carried out in accordance with the plans and specifications set out in
the contract (c) That all material to be supplied by the builder will be of a
high quality
(d) That the work will be done in a legal manner with reasonable
care and skill, and
5. Wait till the completion work. when the work is completed, the home will be fit for
occupation. As per this law, you are entitled to take action for delays.
e. Please remember that before you take any action, it is always advisable to
send a legal notice to the opposite side giving them a chance to respond. Once
a legal notice is sent, the builder may take action to solve the problem, and
you can save the needless time and expense involved in going to court.
No comments:
Post a Comment