1. It is not clear how much delay has been caused so far and whether you have paid most part of the consideration amount.

3. Few months of delay is of no consideration.

3. However if the delay is of several months you can file case before the consumer forum seeking damages and compensation which may run around lakhs of rupees.

You are entitled for refund of money with interest

buyer does not want to withdraw from the project and do not want a refund, the promoter has to pay interest for every month of delay, till the handing over of the possession.

A. Delay in construction would attract compensation as agreed in the Sale or Construction Agreement. However, you are entitled to get nominal compensation in the eyes of law if there is no clause regarding this.

B. You may issue a legal notice to the builder to complete construction expeditiously and insist for monthly rent from the builder towards delay in delivery of possession.

C. You can approach the Consumer Court under the deficiency in service after serve the notice and if there was no proper response from the builder.

D. Under the RERA that the builder shall register the project and shall deposit the customer amount in the bank and utilize the same amount for complete the project and the buyer rights have been protected in respect of delay in construction. However, it yet to be implemented thoroughly and some section will operate after some days and each state can create separate rule under this act to protect the buyer interest.

If the delay is inordinate without any valid reason you may first issue a legal notice to the builder to handover the property at once and to pay penal interest till the time he hands over the same from the date of assured period for handing over possession.

RERA has taken steps to not only make the promoter accountable but also make them pay compensation and penalty in cases of default of any provision of the rules.

In case the builder defaults and delays the possession of the property as per the 'agreement of sale', the buyer has the right to claim the refund of the amount paid along with interest.

Even in the case, the promoter's registration is cancelled, the buyer will have the right to a refund.

The interest percentage and the compensation amount (to be mentioned in the agreement of sale at the time of booking) in the case of any default could differ state-wise.

"The state governments are vested with the powers to fix the rate of interest in the case of any defaults by the builders. Each state government is required to notify the applicable rate of interest in the case of defaults in its rules and regulations under the Act.

Hence, the rate of interest may differ from state to state. ..

Hello,

The committee for RERA has not been constituted till date in Uttar Pradesh and therefore as of now you will have to file the case in the Consumer Forum itself.

Regards