• Builder delaying completion of residential apartments

My name is Bala. I booked an 2BHK apartment "GR Queens Pride" project from a novice builder called "GR Promoters" in Dec 2012 and that time they promised to complete the project and give possession by Aug'2013. 
The project is B+G+9 floors with around 120 flats including amenities like gym, party hall, swimming pool etc.
But as per the sale agreement, they put the grace period of 8 months + addl 6 months so total of 14 months. This grace period ends by Feb'2014 and by then they did not complete the project. After a lot of followups, finally I registered the property in Oct'2014 and even by then the project was not completed fully but only my apartment was 70% ready. Again after several followups, my flat was ready to move in by Mar'2015. However, the basic stuffs like permanent electricity has not yet come and the lifts are not operational due to lack of adequate power.

Despite the lack of permanent power, we, around 25 residents are started living in this apartment and people are using stairs to climb even 8th floor which is very painful and the builder does not feel the pain from our side and progress the project in very slow pace.

Even today, Jun'2015, the project has not been completed fully and is going on in very slow pace which creates mental agony to the residents. The builder kept on giving some false promises about the permanent power supply which is one of the essential things to dwell.

Apart from permanent power, there are still lot of things like STP, other amenities which are not yet started and dont know when we will get all things.

Having given the situation, I solicit your valuable advice on how to tackle the problem and get things resolved in stipulated period by forcing the builder to complete all the things as earlier as possible and seek for compensation from them. Please help.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. The builders in int are notorious for this type of service or non of it.
2. Though pproperty is already registered and you have already moved in You can bring the builder to books.
3. File a case in consumer forum where you can ask for- compensation for delay , completion of rest works or compensation out of delay, damages out of delay.
4. You would be rewarded with hefty compensation for the deficiency of service by the builder. Take help of a lawyer to file such case.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
1) you can move consumer forum against the builder for deficiency in service and seek orders to direct the builder to provide electricity , lifts and other common amenities promised by the builder 


2) further builder be directed to obtain building completion certificate or occupation certificate from the municipal corporation within stipulated period 

3)you can also seek compensation for mental torture undergone by you and also claim costs for filing complaint before consumer forum 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. All the owners can issue a lawyer's notice through a lawyer to the builder demanding that he should complete the project and put all the promised amenities in place. 

2. If he does not comply with the demand of your lawyer you can go to court to seek judicial directions to him to complete the project or refund the money paid to him.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. File a complaint case before your local District Consumer Dispute redressal Forum alleging deficiency in service and unfair business practice claiming direction upon the builder to complete the construction within 1 month since he has already registered the falsts and given possession thereof, damage and cost,

2. It is a good case to win now and you do not loose anything since your flat has already been registered.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
This is a clear case of deficiency in service.  The affected persons may approach the consumer forum seeking to redress their grievances including claim for damages for physical and mental agony.
You can claim damages for the delay in construction especially being violation of the conditions of sale agreement.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
A. Is there any penalty clause in your agreement towards the delay of delivery of possession? If no, Whatever the amount paid for a hostel, lodging, rented house and apartment can be a strong proof over money paid to a relative as 'rent'," you can recover this amount from the builder by dint of delay of delivery possession. 

B. File a complaint before the consumer forum under the deficiency in the service to give direction to the builder to complete the construction and provide the basic amenities and all amenities as agreed by the builder at the time of flat booking or claim damages, interest  over the principal amount and compensation for the delay of delivery of possession by submitting all material records.

C. Damages can be classified into two broad heads: Indirect losses and direct losses. Direct loss is the money lost due to the delay in getting house possession. Indirect losses cannot be quantified and usually arise out of trauma.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1) builder has to maintain his reputation if he wants to remain in this field . builder wont stop the project merely because notice was issued or you moved consumer forum 

2)unless you proceed legally builder wont be under any pressure to honour his commitments . it is only when consumer forum raps the builder and directs him to pay compensation would he try to complete the project at the earliest
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
A. You can approach the Consumer Forum directly to give instruction to the builder to complete the project and the builder cannot escape from his role and responsibilities as agreed in the agreement.

B. All the agreement holder towards the project are having all the rights to claim the damages with an interest and entitled to occupy the premises once the project is completed and obtain the occupancy certificate as legal liability fixed over the builder.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. Yes, the builder can take that adventurous step also if he is a fool,

2. In that case you do not loose much since you already have taken possession and got your property registered,

3. The remaining buyer will then lodge a cheating case and file consumer cases also for which the builder will be hauled up by the police,

4. The entire matter is in your advantage,

5. File the consumer case as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. Is there any possibility that builder can stop this project and run away upon receiving the notice from lawyer or consumer court? or would slowdown the progress of work further?

Who can given an answer except an astrologer who can predict the future happenings.  How can one stop the builder from running away from the project if he does it secretly. The lawyer's notice will actually scare him and perhaps he may become more active after receiving it(?)



2. Because, if the builder stops and leave the rest of work incomplete, then the people who are residing in this would be in the soup. I know this is a pitiful question but it came out of anxiety. Please clarify.     

what clarification do you need, can you stop the builder from doing anything which may be harmful to you?


 
3. We are very desperate to force builder to complete all the work as promised and get an Occupancy certificate from BBMP(Bangalore Corporation body) with in stipulated period of time.

Try and put your best efforts till you achieve the motto. 

T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
1. It is unlikely that the builder will abscond if he is reputed. 

2. If the builder stops the work you can seek court's directions to him to resume it.

3. Engage a lawyer and get going.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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