• Delay from builder

Hello, I am facing very difficult situation from my builder based out of Hyderabad - Aditya Constructions. I have booked a flat in May 2011 and the builder has not yet handed over the flat. I have been paying money as per the progress of the flat so far. I have also paid the service tax and VAT. There is a huge delay since the last milestone and builder is not in a position to handover the flat. The last disbursement from HDFC is delayed as he has not handed over the flat. Now he is sending me threatening emails asking for more money in terms of payment delayed. The last 5% of the total amount is due with HDFC from where I took home loan. That amount will be released only after registration and the builder is saying that I have to pay 5 lacks more towards delayed payment without which he will not hand over the flat for registration. Please help
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1) file complaint against builder before consumer forum to direct builder to register sale deed and hand over possession of flat . offer to pay balance 5% due and payable by you

2) you are not liable to pay Rs 5 lakhs towards delayed payment as he has failed to complete project on schedule

3) also claim litigation costs and compensation from builder for delay in delivery of possession

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

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You refer to the conditions of sale agreement and if there is a clause for the delay in construction and penalty thereof by the builder.

Developers may have to pay 11.2 per cent interest to buyers for delay in handing over apartments and homes, according to draft rules unveiled by the government,

The rules also say projects without a completion certificate will have to register with the Real Estate Regulatory Authority , to be set up in states/UTs within three months of the rules being notified. Builders will have to give information on completion date of a project, size of flats and promised facilities, state the draft rules.

Any violation such as delay in offering possession, increase in the size of apartments, change in layout and construction of additional towers in a project without taking consent from 70 per cent of the allottees can lead to cancellation of registration. In such a situation, the authority can take any decision, including getting the project completed by an external agency with the consent of the buyers' association.

The above are few excerpts of the rule that is likely to be implemented shortly by the government in this regard.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

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