• Builder is neither completing the construction of Flat

Dear All,
I had booked a flat in a complex in Vadodara area way back in 2014 for my own residential purposes. The payment for the Flat is construction linked and also financed through a Bank. Though the Builder had promised to give possession of the Flat by 2015 and signed necessary vakalatnama to this effect. But as on date, I'm still waiting for the completion of flats but the payment which was linked through the construction is done based on the percentage of work completed by Builder. Though the total payment is not yet done, But somehow the Bank has disburesed payment in excess of the Flat completed so far (construction completed so far). Moreover, the the complex is not yet registered under Gujarat RERA. And the Builder is promising to complete and give possession of the Flat by end of 2019 only. The complete complex consists of about 20 Buildings and out of these only 5 Buildings are completed and people are living in them. I have requested the Builder either give back my money or to complete the construction of Flats on urgent basis but so far no concern shown by the Builder instead he has resorted to threatning and asking for the balance payment. At the moment The Builder has given me a spare flat (spare flat is smaller than my booked flat) to live till my Flat gets completed.
Please advise what legal remidials I can look forward to.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

1. File an online complaint with rera

2. Complain against builder for not registering the proper with rera, for delay in hand over of possession, for refund of your money with interest and penalty

3. Also issue a legal notice to bank with copy marked to RBI to not disburse any money to builder in deviation of construction milestones

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1) If he had given you spare flat to live for time being just adjust with that a try to complete your flat and get done with it as soon as possible.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

File complaint before consumer forum and seek orders to direct builder to deliver possession of the flat within stipulated period

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

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Since the building has not been constructed yet and therefore all clearances including BCC, CC, OC have not yet come, therefore you can approach the RERA office.

If the building has not received the OC, then you can do the following:

1. You should collect the papers evidences relevant to your case;

2. You should collect evidences of advance payment made by you, including the agreement copy, make sure it is signed by both the parties, the banking transaction showing that you paid the advance amount for the booking;

3. You should write a personal letter to the the builder asking him to not back out from the transaction and hand over the possession, otherwise you could take legal steps;

4. If they still don’t respond, then issue a legal notice through a lawyer to them stating that you have been

wrongfully been cheated by the builder;

5. Since the OC has not yet come, you can also file a complaint before the RERA authority even if the project is no RERA registered;

6. Then last stage you can file a case in court whether a suit or consumer forum or an FIR in police station for all the unlawful and illegal activities of the builder;

7. There is a good chance the builder is cheating you by delaying the process.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

As i said, RERA, consumer, criminal complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You'll have to serve a legal notice to the builder seeking refund as well as interest and damages on grounds of delay or can give him 15 days time to hand over the peaceful possesssion of the flat booked by you.

2. If he fails to adhere within 15 days of the receipt of legal notice, you may approach Consumer Forum by filing a complaint against the builder for deficiency of services and unfair trade practices adopted by the builder.

3. If you want to make a strong case against the builder, you'll have to reject the alternate accomodation, otherwise the builder can show bonafide in the court and subsequently get relief.

Regards.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

You have a choice of continuing with the booking accepting the offer made by the builder or to cancel the booking.

If you have decided to cancel the booking you can communicate the decision by registered post in writing stating the reason for cancellation and demand refund of entire booking amount with interest.

If the builder fails to respond or comply with the demands made you may drag him to consumer forum seeking relief and also compensation for the sufferings.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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