• Delayed possession by 15 months as on May 19 - want to terminate the agreement

Builder has delayed the possession by 15 months. Supposed to receive possession by Dec. 17. We receive no response on email. From July 18 inwards builder started rent but from Feb 19 onward it has been stopped. Builder's team is asking to take possession though the building is not ready. No roads, Wall compound, Meter, CCTV, STP, proper water arrangement, common lighting, nothing is done. I have paid 90% of the amount as on when demand letter received. Now they are delaying the possession. The work is going very slow. 
There is one term in the agreement that if the possession is delayed more than 6 months than I can terminate the agreement. I need to know the consequences of the same and can I do it?If yes how?
Asked 5 years ago in Property Law
Religion: Hindu

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18 Answers

You can cancel the agreement for which you will have to file a complaint against the builder in consumer court or RERA for failure to deliver possession within the stipulated time as per the agreement entered between you and the builder.

You can claim the entire refund along with interest, compensation and litigation expenses from the builder for the deficiency in services.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You will have to hire advocate to drauf your complaint and file the same in consumer court or RERA.

Legal fees and varies from lawyer to lawyer. There are no fixed costs.

Also, what is the value of the property in question as pecuniary jurisdiction needs to be ascertained before filing a complaint in consumer court.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Better file complain to RERA for refund with interest. Recently SC has held , buyer cannot be made to wait for indefinite period.  Also file consumer complaint for compensation.

Criminal complaint of heating and criminal breach of trust is consecutive remedy.

Just go to RERA office and submit complaint in prescribed format. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can terminate the agreement on account of delayed possession seek refund of your money paid by you with interest 

 

2) if builder refuses file complaint against builder before RERA and seek refund of your money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

You can engage local lawyer to file complaint before RERA 

 

2) litigation fees depend upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Fir case to approach RERA and seek monthly compensation for the delay being caused in the completion of the project.

In accordance with RERA provisions, since the project is delayed, you also have the option of pulling out from this project and seek refund of your deposit along with interest. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Contact a local lawyer to file a complain with MAHArera. Proceedings at RERA at extremely effective and expeditious as well. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

See since there is default on part of builder you can issue a cancellation notice to builder seeking refund along with the interest in case in case he fails file a RERA complaint for refund and cancellation.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

RERA complaint can be filed with RERA authority in prescribed form the complaint is free you can engage service of lawyer for complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can terminate the said agreement on basis of breach of contract.  You can go before rera only when any specific provisions under rera is breached

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Hello, 

Yes you can do the same and ask the builder to refund the amount alongwith the interest 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You may file the case your self before RERA and may argue the same. 

If you decide to engage a lawyer then the fee of the lawyer might vary, but it will be approximately 20-25 thousand. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Dear client 

As per Rera you can file a complaint under section 31 of the act adjudicating officer or regulatory authority to get refund Under section 18 of RERA 

Section 18 of The Real Estate (Regulation and Development) Act, 2016 clearly lays down that if the promoter fails to complete or is unable to grant possession of an apartment, plot or building,— (a) in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein; or (b) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason, he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act: provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed.

The promoter should compensate allottees in case of any loss caused to him due to defective title of the land on which the project is being developed or has been developed, in the manner as provided under this Act, and the claim for compensation under this subsection shall not be barred by limitation provided under any law for the time being in force.

Section 12 of the Act also states that if a buyer has made an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under this Act: Provided that if the person affected by such incorrect, false statement contained in the notice, advertisement or prospectus, or the model apartment, plot or building, as the case may be, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribed and the compensation in the manner provided under this Act.

These are the sections which empowers you to get the refund from the builder as you have not invested in the property to give the builder indefinite time for giving you the possession of flats or giving you incomplete flats. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

possession is not delivered on time, a purchaser can send a notice to the builder, claiming refund of the amounts paid along with interest and/or damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder,”

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you can file your complaint either with the Real Estate Regulatory Authority or with an adjudicating officer. A complaint under RERA has to be filed in a format that is prescribed by the respective states where it is being filed.  Once your complaint is filed, the Competent Authorities will look into your case. If they find any activity that is against the provisions of the RERA Act, they can order the builder to stop such activity or provide compensation to the affected person. Any order passed by the RERA authorities is binding on the builders. It is advisable to hire a good property lawyer while filing a complaint under the RERA Act.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

You are suggested to write a formal letter terminating the agreement and ask the refund of money paid along with interest and damages/compensation for mental agony. Give them 15 days time and if not paid by them, file case in RERA asking the same. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Since the construction is not completed properly in all the aspects as well as the builder has not obtained OC or CC from the authorities concerned, and moreover from the given situation it appears that the completion of the entire pending works may take at least more than 6 months from now, it would be better that you decide to cancel the booking as per your proposal.

Accordingly you may communicate your decision to cancel the booking by sending the same in writing and by registered post and demand the refund of entire booking amount along with the accrued interest on the booking amount.

You may take the assistance of an advocate o draft the letter if you need any.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can log int to the RERA website and register your complaint online, you will be guided on further issues by the website including the fee and other issues.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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