Hi - I purchased an apartment from DLF and the original configuration was 3 Beds + 3 Baths - however at the time of possession/ handover - the apartment configuration was changed to 3 Beds + only 2 Baths - I have taken possession - and DLF is not listening to me - citing a clause from the Builder Buyers Agreement that the Layout of the apartment and Material Changes can be made at their discretion - Does having the right to change the Layout mean they can change the configuration ? Could they have changed the apartment to having 6 bathrooms - and 0 bedroom as they had the right to change the layout. In my opinion - there is a difference between layout and configuration.
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You are correct. Without intimation and without your consent the builder can not build and hand over which not promised in the agreement.
You can opt to go before the consumer court or to the RERA authority for appropriate reliefs.
You may have to provide documentary proof like sale agreement, allotment letter, email correspondences, payment details, etc.. so to prove your case.
Hello,
You may send a legal notice to them and then may file a case in the consumer forum to claim compensation. They can not increase or decrease the number of rooms without your consent.
Regards
builder cannot deprive you of the additional bathroom as provided in the original agreement
2) you can sue the builder and claim compensation as he has cheated you by depriving you of additional bathroom
3)builder cannot make material changes
4) the terms of agreement are arbitrary , one sided and unenforceable
Hi,
This is deficiency of service and breach of agreement. You may approach consumer forum seeking appropriate remedy.
Dear Client,
When possession hand over and project completed. Registered with RERA ? BBA cease to effect after RERA coming into force.
Complain to RERA.
Altercation can be minor but not major that change the actual deal.
Hello sir , the clause only refer to minute changes in the size and dimensions of the flat ... The builder cannot change the lay-out plan of the flat .. It is advisable to file a complaint at RERA ( real estate regulatory authority) .. I assume your property must be in Gurgaon .. The RERA court has been set up , and you can file a complaint for seeking relief..
In terms of RERA, the builder/promoter cannot deviate from the commitments he originally made to you in any brochure/advert/allotment letter/any other documentation pertaining to this project.
Send a legal notice to the builder in the present matter.
Seek damages from the builder.
Thank you for the replies. The problem is that the project is in New Delhi - and would the consumer courts still be able to offer me relief inspite of having taken possession of the said apartment. I was forced to take possession as the project was already delayed for more than 4 years - and I could not afford to wait any longer. I have lost so much money in interest paid towards home loan - Is RERA applicable/ enforced in Delhi ? Thanks
This is deficiency in the service and the builder has not provided you the service agreed upon also there is a delay on his part so you can file complaint before consumer forum and can claim damages your possession wont effect your right to claim damages. The change in layout does not mean that they can change the promised facilities of portion they can make minimum changes in same design position can be changed that is change in layout,
Yes RERA is applicable and enforced in Delhi.
Hello sir , even if you have taken the posession a complaint can be field for seeking compensation .. The RERA bench for Delhi has been set up ...I assume your property is worth more the 1cr , therefore you can also file a complaint directly in NCDRC ( national consumer forum )...
You can file complaint against builder before consumer forum and seek compensation for failure of builder to provide additional bathroom as promised
2) also seek litigation costs and compensation for mental torture undergone by you
3) RERA is applicable in Delhi
Yes, RERA is up and running in the NCT of Delhi.
1. IF you have suffered losses in terms of less aggregate area, THEN you can file grievance petition before the local consumer forum/court, for damages and compensation, for the negligence and deficiency of the builder.
Keep Smiling .... Hemant Agarwal
RERA has not been given effect to in Delhi as of now.
Consumer Forum will be the appropriate forum to approach.
Yes you may file after taking possession saying that possession has been taken under protest.
Regards
As you have narrated the facts the builder may have register the sale deed with the intention to get exemption from RERA. But still the RERA can take action against the builder and you may have to explain the authority under what circumstances you have agreed to get the sale deed registered.
RERA is enforceable in whole country except J & K.
Taking possession, is of no consequences. Even another ground/cause is available to claim in consumer forum.
Delayed possession Due to which you forced bear extra money in interest, - recoverable.
Does having the right to change the Layout mean they can change the configuration ? Could they have changed the apartment to having 6 bathrooms - and 0 bedroom as they had the right to change the layout.
In my opinion - there is a difference between layout and configuration.
If yo have proof to prove that the builder promised you something different whereas he has provided you with a different design, you may seek compensation for this by issuing a legal notice and then drag him to consumer forum to enforce the compensation issue for deficiency of service, breach of trust, failure to comply with the conditions of BBA etc.
You can also seek compensation for the mental agony cause by this act of cheating.
The problem is that the project is in New Delhi - and would the consumer courts still be able to offer me relief inspite of having taken possession of the said apartment. I was forced to take possession as the project was already delayed for more than 4 years - and I could not afford to wait any longer. I have lost so much money in interest paid towards home loan -
Is RERA applicable/ enforced in Delhi ?
The Delhi housing department had already notified the detailed set of rules for Real estate (Regulation and Development) Act, 2016.
You have the option to approach RERA for relief or the consumer forum directly.
Taking possession of the flat is not an embargo for approaching consumer forum for deficiency in service
The State Consumer redessal Commission can be approached even after taking the possession for what ever reason to compelling the builder to compensate the buyer for the differencial cost of change of the specification and any loss due to delay in possession and interest there on.
Dear Sir,
You can file complaint either before Consumer Court or before RERA authorities (if applicable) and pray for compensation for not providing third bathroom. The relevant link of RERA is provided below:
http://apnarera.com/rera-delhi
Hi,
The consumer complaint will be maintainable even after taking possession. The RERA is applicable there itself.