I have Booked a Individual Villa with a Famous Realtor CasaGrand last Year AUG 2018 and Paid 99% percent of Total Value of Project as Upfront Payment and registered the Sale Deed for Land & construction Agreement in OCT 2018.Even though the Builder Initially committed to hand over by April 2019 in Booking Form and changed the Handover date as AUG 2019 unilaterally and convinced us that actual delivery of villa will be done in APRIL and other Ameneties ike Club House,GYM,Swimming Pool & Park will be Completed by AUG 2019 to Register the Sale Deed & Construction Agreement.But Builder Yet to get EB connection and the Villa not yet ready for Stay.They Not even intiated any Handover Process and for Surprise Now demanding 4 Lakhs for Terrace Access which we never ever agreed or brought under the Agreement.Pl guide how to deal this Suituation.Already Raised Complaint with TNRERA in `M " Form Facts of the case: 1.Delay in Handover of Villa against promised time of AUG -19( Document ref: sale agreement registered doc no 6202 ,2018 SRO Padappai , construction agreement registered doc no 6201,2018, SRO Padappai ). 2.Demand of Excess Charge (for terrace access 3.5 lacs + GST ) contravene to the sale consideration of sale deed and construction agreement. And also in contravene to RERA act SEC 4 ,Sub SEC 2(h). 3.False reporting of project Registration and progress report as layout TN/01/Layout/0001/2017 dated 16/08/2017 contravene to provisions of RERA act SEC 4 Sub SEC 2(d)(e) (h) and SEC 11 (1) and CASA Grand building Villa township project of 159 Houses in Phase 1 with lot of amenities as of Brochure. 4.CASA Grand taken 98% of project /Villa cost as advance before signing the sale agreement contravene to RERA act SEC 13 (1). 5.Club House location change by CASA Grand without our consent by contravene RERA Act SEC 14 2(1) and 2(2) as we paid a premium consideration as our booked VILLA 18 was close to the club house as per initial layout. 6.CASA Grand conveyed only 1452sqft carpet are a against the brochure or advertisement of 1951sqft. Similarly in land also conveyed only 1989sqft against the brochure promise of 2098sqft.
You have good case on merits
2) the builder has failed to deliver possession of villa on time you are entitled to compensation for delay in delivery of possession
3) further since area of villa is lower you are entitled to refund of excess money paid by you
See you have a strong case before RERA proceed with your case in RERA the RERA authority has power to decide the matter and for delay they can ask builder to pay compensation and can waive of the extra.illegal.charged charged by the builder.
Further the builder has not completed on specified date and has take amount before sale agreement it is contravening to the RERA provision and builder may be penalised for same.
Promotor Even Registered this Project of Making 159 Villas including 41 Row Houses as Layout for RERA Approval instead of Building Category.Not only us the Promotor even deceit the RERA Authorities and Continue to advertise even in Today Times now Daily in First whole Page advertisement to sale of 3BHK villa with the RERA Approval Number TN/01/Layout/0001/2017 dated 16/08/2017 i.e is actually given for Layout category.But Promotor is selling Land with Building as a Bundled Package against this Approval and Claiming this as RERA Approved Project.
See you have already filed complaint on same if there is irregularity on part of builder he shall be penalised for same.
You should be entitled to reliefs claimed for in your complaint before RERA
You can file a a complaint against the aforesaid issues before rera
You should approach consumer forum or RERA against the unreasonable demands by builder and delay in possession and demand the refund of money or ground of delayed possession and non acceptable demands which are not mentioned in agreement.
Let the case be decided by the RERA, if you have already filed a case
if unnecessary delay is being cause in deciding the petition then you may approach the HC for specific direction of early disposal of the matter.
Regards
Since you have paid almost entire amount and going by the contents of your post, it looks that, the builder is at fault and you are better placed to succeed.
You can claim damages for delay going by delivery date i.e., August, 2019.
Further, you can claim refund of amount already paid against short fall in area conveyed to you.
You can lodge complaint before RERA and can also file case before Consumer Forum for damages and refund.
- As per law, if a builder fails to hand over possession of the villa/house as per the date mentioned in the Agreement of Sale, the homebuyer has two options –
1. To terminate the agreement and seek refund 2. To continue with the project and claim compensation.
- If he decides to exit the project, the builder will be liable to return the entire amount paid for the villa with interest.
- If the he decides to continue with the project, he can claim interest for every month of delay till the time the villa is handed over.
- Further your builder must notify you in writing at least 65 days prior to the closing date menioned in the agreement , for the delay limited to maximum 120 days.
- Further, you can also claim for the extra amount paid by you, due to less area of villa , and other charges taken by the builder.
- Since, you have already lodged your complaint before the RERA , hence you will get justice as per law.
- Further, you should move an application for a early hearing of the case, in the event of delay.
Since you have already made a complaint about this with RERA, you may have to follow it up through RERA regularly for relief and remedy.
In the meantime since this is supposed to be a reputed builder, any report through press media may put pressure on the builder firm, so if you don't get any justice through RERA, especially if there is no prompt action on your complaint, you may give a press news release about the fraudulent activities of the builder.
You may highlight this grave error or fraud played by the builder to the RERA in your complaint and may even request the RERA to blacklist the firm foer its deceitful and fraudulent activities.