You can file a complaint in Consumer Forum and claim damages under consumer protection Act. You also have option to go to civil court as the agreement is not being honoured by the builder and you can sue him for breach of agreement and can force your right ask damages and interest for delay. You can also contest the issue mentioned under point 2. that illeglly the legal fees is collected from buyer which he is not entitled to give under the Agreement.

National Consumer Commission has ruled that a flat-buyer agreement was not sacrosanct, and a buyer was entitled to get his money back from the developer if he has lost interest in the property due to delay in its construction.

You have a strong case please file a complaint in appropriate consumer based on territorial and pecuniary jurisdiction and you can surely cliam damages for your loss.

1) builder can offer possession only after OC is issued

2) builder is bound to pay you compensation for delay in delivery of possession

3) file complaint against builder before consumer forum

4) seek orders to direct builder to handover possession of flat and pay interest for delay in delivery of possession

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

Hello sir , if the property value of your flat is above 1 cr , then your jurisdiction for filing of case will be in NCDRC ( national consumer forum, Delhi ) .. You can file a complaint at NCDRC asking for refund alongwith compensation .. You can get back for further doubts .. Thank you ..

Good Morning,

As per the builder buyer agreement after 24+6 month builder has to pay the penalty till the date of possession which is the date they offered possession.

The demand letter for offer of possession and cutout should have included the amount of delay possession penalty in terms of cutouts normally done by builders instead of cash payment.

Please check the builder about it and at this stage please don't think of surrender of the flat this will complete the issue. Take the possession and approach the consumer forum letter after the possession for the remaining dispute.

Dear Querist

Immediately issue a legal notice to builder and claim your amount or possession along with the amount of Compensation and if the builder is not ready to give you possession within notice period along with other charges then you may file a complaint against them before RERA tribunal and builder will be penalized for their wrong and you will get relief from the RERA tribunals.

you may also file a complaint before consumer forum.

Feel Free to call

1) correspondence exchanged with builder

2) copy of builder buyer agreement would help you in making out a case

3) you can engage a lawyer to appear on your behalf

4) your personal presence is not necessary

5) complaint has to be filed in Noida as builder buyer agreement is executed in Noida , property is situated in Noida

Dear Sir,

My answers are as follows:

1. I have bought a flat in Noida sec 78 in 2014, my query's are as under and want to know how can i claim my dues from the builder, also can i surrendered the flat and take my money back with interest (if that is an option)

Ans: Your claim must be convincing to the builder otherwise you have to file a complaint before Consumer Forum and it takes its own time to dispose. In the given circumstances I feel straight away sell the property to some other stranger or rent it out.

2. My builder buyer agreement say i am entitled i am for Rs 5 per sq ft if delay is beyond 24+6 month which got elapsed in October 2016, and have been communicating with builder and seems they are not interested in paying full, there offer is always some petty amount not full.

Ans: Such conditions for known practical purposes cannot be implemented.

3. In the last demand letter "DEMAND LETTER ON OFFER OF POSSESSION FOR FIT-OUT" (i dont know what the hell this means) they asked for final payment added legal proceeding charges which was not in the agreement.

Ans: You may pay first under protest and get the possession and then issue notice for refund of excess amount paid.

4. It was promised over email and phone that flat will be handed over within 15 days after full payment, however its been 2 months i have not git the flat.

Ans: That is the problem with builders, silently bear the torture till you get into possession of the flat.

5. Advance society maintenance charge were taken in december but i do not have the flat as of today.

Ans: For every issue you cannot run from pillar to post. The apartment rules are very stringy that’s why I asked you to sell it out and purchase any other independent house and have peace.

1. First calculate the amount you are eligible to get from the builder @ Rs. 5 per sft (per month probably which has not been mentioned by you) for the delay.

2. Thereafter send the builder a letter asking for paying you the said amount with interest at bank rate with in next 15 days after deducting any due which legally stands on you.

3. If you do not get the said amount, file a complaint case before the local District Consumer dispute Redressal Forum against the said builder alleging deficiency in service and unfair business practice claiming immediate handing over and registration of the said flat in your favour, payment of the said amount with interest, damage and cost.

4. It will be financially beneficial for you to get the compensation for the delay and cost after getting the flat registered in your name than getting back your money paid for buying the flat.

1. You shall have to annex the copies of the agreement for sale, your payment details with evidence, your identification proof (Aadhaar card), letter addressed to the builder claiming the said amount and all other associated papers in support of your allegation.

2. You shall have to file it before the District Consumer Dispute Redressal Forum at Noida.

3. You can engage a lawyer for attending your case which will be expected to be decided with in 1 to 1 & 1/2 years.

Immediately approach RERA, Uttar Pradhesh.

You are entitled to all the reliefs as given under the RERA Act.

The builder will have to compensate you for the delay in handover of the actual physical possession of the flat.He will will have to compensate at a higher rate raher than the Rs. 5 per sq. ft. provided in the builder buyer.

You can engage a lawyer so that he may handle the RERA case on your behalf.

The documents that will be required to file this include: Agreement, Allotment Letter and the payment receipts. Beyond this, all your communications that must have ensued in between you and the builder will also be required.

1. You have the remedy of filing a complaint before RERA.

2. Yes you can claim the refund of the entire money that has been deposited by you. Else you may just claim dellay compensation for the delay in handing over the possession

BBA and the e-mail communication will do.

You may engage a lawyer, as per the recent notification the hearing might take place at Lucknow/ moradabad/ bareilly.

You will come to know about the same once the case in filed and the notice is issued to the builder and not before that.

It will be good if you engage a lawyer who can follow and fight the case for you.

Regards

The value of property is more than 20 lacs then up to one Crore in State Consumer Redessal Commission in

Gomti Nagar Lucknow .

If you wish you may call me through this web site.

You note down all the irregularities one by one including the discrepancies by which you are aggrieved.

You may note down the penalty for delay in handing over possession as per BBA and the amount due from the builder.

Send a detailed demand notice to the builder by registered post and await his reply for next seven days.

After that you can approach consumer forum with a complaint about the deficiency in service as listed out in the demand notice sent to the builder.

The BBA and receipts for the payments made, the email correspondences between you both and any other relevant documents can be relied upon for taking up this matter with any forum namely RERA or consumer forum

What documents would I need to take this to take this up with Consumer Forum and/ RERA tribunal.i have builder buyer agreement and email communications

Opinion:- agreement and emails are sufficient documents to file and fight the case.

The property is in Noida (U.P), where would be the hearings be held, asking this because I work 6 days a week and wanted to understand the time that I would need to part from my schedule to pursue this.

Opinion:- District Magistrate will hear your complaint under RERA at surajpur.

File the complaint before consumer court, Saturday and sunday both of courts/tribunal/ forum will be closed.

It will be better to engage a lawyer and fight the case through lawyer.

Feel Free to Call

Hi,

You are suggested to send a legal notice and if the builder don't comply that file the case with consumer court.

You can file a consumer complaint to the appropriate forum about the deficiency of service from builder.