The best remedy will be consumer court under deficiency if service. I will advice you to file the same preferably than RERA
Builder refusing to hand over key
I booked a property with CASA GRAND BUILDERS and started payments and completed 100% payment. PROBLEM 1 The regsiteration was done confirming 100% payment and as per agreement the builder is supposed to hand over the villa in August 2019 and he did not hand over till December 2019 and stated that Tamil Nadu electricity board delayed power and hence he is not liable to pay compensation. Also he stated that i had delayed one particular instalment and he is demanding 2 Lakhs as penalty inspite of completing the 100% payment. There is no mention of delayed payment in construction agreement. PROBLEM 2 The builder gave me work sheet for making payment as per details given below Land area to be sold 2871 Sqt @ Rs2700/sqft and building area to be sold 2723 sqft @ Rs 3100 per sq ft. But when i measured the actual land area it was only 2740 and builder over charged for 131 sqft and Rs 131 x 2700= Rs 353 700 and the building area he has registered only 2450 sqft and he has built 2638 sq ft and charged me 2723 sq ft. Kindly advise me if i file in RERA can i get back amount excess charged and also make the builder hand over the villa in as is where condition as i want to occupy and carry on further work on my own and also make the builder get the balance area of the constructed building to be registered.
Asked 4 years ago in Property Law
Religion: Hindu
7 Answers
I am ready to pay any legitimate penalty if i had delayed payment. But the builder citing TNEB power connection did not complete the road work, Common properties like Club house, and certainly the delay of more than 6 months is not attributable for TNEB power as he was having temporary power and the builder is not giving Completion certificate and occupation certificate and asking me to get it directly. He has charged more than 5 lakhs for the common amenities like club house etc. Please advise if i can claim compensation for the delay from September 2019 till i take possession by filing case with RERA under N form
Asked 4 years ago
With the irregularities observed and the documentary evidences, you may approach RERA with a complaint against the builder.
Let them appear before RERA and answer the court against your complaint.
you can even approach consumer forum for unfair trade practice against builder,
If the builder is forcing the possession on you then you can accept it with objection and take proper legal action against the builder for reliefs and also for penalty towards delay in handing over possession.
You can initiate legal action either through RERA or consumer forum.
You can file complaint against builder before RERA seek others to direct builder to pay you compensation for delay in delivery of villa , refund extra amount charged , obtain completion and OC
You can file case against builder and seek reliefs as mentioned herein above
For delay, builder is responsible; cannot blame electricity board. And full payment received without objection. Builder cannot impose any penalty now that too then when no such condition in agreement to sell.
Buyer cannot be made to wait beyond delivery date else entitle to compensation. Complain to RERA and consumer complaint to recover possession + excess payment + compensation.
You can claim compensation for not providing CC/OC.
A fit case to be taken up in RERA.
Regards
G.Rajaganapathy
High Court of Madras
