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 9 years ago in Property Law
Religion: Hindu
Thanks to everyone for the valuable suggestions.
For B.T.Ravi's question on penalty clause:
Yes. There is a clause in our construction agreement stating that "In case of any further delay in completion of construction even after the completion of grace period, the BUILDER is liable to pay rent at the prevailing market rate for the Schedule C property by way of penalty for such period of delay in completion of project."
Few clarifications needed:
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?
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.
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.
Asked 9 years ago