This is a fit case to approach RERA and approaching RERA is going to be beneficial either ways, whether you want refund or you wish to seek possession upon your flat expeditiously.

Thus, I'd advise you to make up your mind on this issue, so that you may choose in-between your option, refund or possession. In case you approach the court seeking possession, seek compensation for delay and this compensation should be paid @5 per sq. ft. but at the same rate of interest which the builder was charging you for delayed payment of instalments.

Thus, i will advise you to give a legal notice to the builder in the present matter and immediately approach RERA thereupon.

1. the builder has given reasons for the delay

2. even if you approach RERA Tribunal seeking refund of your money with interest and compensation, the builder can raise the defence of 'force majeure' i.e. an event which is not within or beyond the control of the builder

3. in your case, the builder's creditor not releasing the funds from the escrow account constitutes a force majeure condition which the RERA Tribunal will definitely consider

4. the builder can definitely enter into an agreement with a third party for completing the pending construction

5. he need not take consent of flat buyers for the same

6. if you apprehend that the quality will be affected if the construction work is given to a third party, then you will always have a remedy under the defect liability clause of your agreement

7. even if your agreement does not have such a defect liability clause, the provision for the same is provided in RERA and therefore you will be adequately protected in that eventuality

8. a builder can appoint external contractors for doing the construction work. There is no harm in it

9. i am not able to understand why you cannot claim the tax benefits for the EMI being paid for you. You said you have an agreement with the builder. That is sufficient to claim the tax benefits

10. i suggest you should continue with the project and hold on

11. if even after the appointment of third party contractor, the work does not speed up, then you can approach RERA.

12. Going now will be too premature

13. of course if i say that you should wait and not take legal action, does not mean that you give up your right to claim agreed penalty from the builder for late possession

14. that right of yours will never be affected and even the builder has acknowledged it when you approached him

Hi,it is advisable to file a complaint before RERA .. As per RERA provisions a allotte can either seek refund of entire amount alongwith interest , or if he wants to retain the property he can seek monthly compensation for the delay ...

since builder does not have any funds does not make sense in seeking refund of money

2) wait for delivery of possession of flat

3) litigation is long drawn and expensive proposition . even if you cancel booking builder may not refund your money

Dear Client,

Third party agreement will delay the project further. Better ask for refund along with penalty, If not agree -options available,

Complain to RERA,

Consumer Court for refund with interest and compensation

Criminal Complaint for criminal breach of trust and cheating. (fastest recovery) .

1. Rera is fastest for getting relief as opposed to consumer forum and NCLT

2. You are right in saying that you should not suffer because the builder's creditor is not releasing the funds and that you had been paying the instalments on time

3. But if the authority to which the builder informs that he is struck by a force majeure condition, then the authority will take cognizance of such situation

4. Since you have a registered agreement having a penalty clause, you can still approach RERA and seek refund of your money with interest

This is my response to you:

1. Is the project registered with RERA;

2. If yes then file a complaint in the RERA office;

3. If not then it should be registered since OC, BCC etc. have not come;

4. Nonetheless you have options to file a complaint before the consumer forum;

5. Seek full refund along with the interest;

6. Also claim compensation for the mental and monetary loss suffered by you;

7. You can also file a complaint to the police station for cheating by the builder;

8. Take legal steps to reclaim the money otherwise the builder people do not easily give the refund.

Dear Sir,

My answers are as follows:

My questions is whether they can do this without the consent from the buyer and what all problem the buyer can face in this case.

Ans: yes, there will be some initial problems but without the assistance of third party your builder cannot complete the work. Just follow up and have tripartite agreement and allow the third party to complete the work.

What are the other options I have right now. The project is already 2 years delay and I am paying huge EMI from 2015 till date. Not able to claim any tax benefit also as the flat is not registered yet.

Ans: First just watch the developments and get the building ready and take possession then fight for costs, expenses, mental harassments, loss of tax benefits etc. You have every right.

Should I ask for refund of the entire money with interest starting my payment date till date which will be a huge loss for me because I ahve already paid a very high interest on the loan.

Ans: Since your builder is running from pillar to post for funds, from where he can give your amounts. Wait and get the building completed and take possession nicely.

Or should I wait for delivery considering that now a 3rd party is coming to complete the work but they may reduce the quality or do not deliver things as promised.

Ans: Yes, it is wise.

Please suggest as I am a young mother and working woman. Investing a lot of time and money is not possible for me at this stage. Buying an under-construction flat was the biggest mistake of my life and now it is haunting me both financially and mentally.

Ans: Nothing to worry madam, every thing come to normal the solution is patience and time.

If the delay is inordinate and there are no valid reasons offered by the builder to your queries in this regard, you may decide to cancel the booking.

The builder's own problems namely the financial constraints or crunch cannot be held as valid reasons for the delay.

You can communicate your decision to cancel the booking citing the same as reason and seek refund of the amount paid along with the interest on it.

If there is no proper response you may drag him to the consumer court for relief, remedy and compensation.