• Delay in construction schedule and handover

I had purchased an apartment from Samruddhi Realty at their Rhythm project off Hennur Road in Bangalore. The construction has been mired with delays with the handover date, of 31st Dec'15, well past the 3 months grace period.
Neither is there a clear delivery plan nor is the builder responsive to calls or concerns. In light of the above I wish to cancel the booking to which the builder states I have to place a request with their sales team. Due monies will be returned only if the sales team is successful in finding a client to sell the apartment to.
Now considering the state of construction and persistent delays I am very pessimistic on the Samruddhi sales team to be able to sell the apartment.
What legal resources are available for me to claim the invested monies back from the builder please?
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1.It appears that the builder does not have any immediate plan to complete the project for various reasons including his financial plight.

2.In such a conditions it would be wise either to cancel the booking or to force him to complete the project.

3. If your payment schedules are in time then you can file case before the consumer forum seeking delivery of possession and damages for delay caused so far.

4.Alternative relief you can claim refund of money along with interest and compensation.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) cancel the booking and seek refund of your money on account of delay in construction

2) if builder fails to refund file complaint before consumer forum and seek orders to direct builder to refund your money with interest

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Hi, you have to file a complaint in the consumer forum against the builder for deficiency of service and ask him to pay the refund of the amount with interest.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

Serve a lawyer's notice to the builder for cancellation of the booking and seek the refund of the amount paid with penalty for delay. If the builder does not honour your demand, which is most likely, then go to consumer forum to seek recovery of amount with damages.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) number of lawyers on this website from Bangalore

2) you can contact any of them

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Now considering the state of construction and persistent delays I am very pessimistic on the Samruddhi sales team to be able to sell the apartment.

What legal resources are available for me to claim the invested monies back from the builder please?

If you are not interested in continuing with the booking of the flat and would like to terminate the contract, you may decide to cancel the booking and intimate your decision to the builder in writing by sending the communication in writing sent by registered post.

Let the builder respond the same anser, you can initiate legal course of action for this including seeking refund by filing money recovery suit

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Just wondering if you can suggest anyone in Bangalore who will take the issue to the consumer forum and then fight the case on my behalf if need be?

You can initiate the consumer case by yourself.

If you need assistance of any lawyer you can contact one from this forum too.

There is dearth for lawyer from Bangalore.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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