Serve them with a legal notice and than file a consumer court case against them 

Hi,it is advisable to file a complaint before RERA under section 18 ,and seek refund or delayed interest alongwith compensation ...You can also seek pre-emi to be paid by the developer till possession  as per the MOU or the agreement 

Dear Sir,

The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals as defined below.

==================================================================

https://www.icrpc.org/icrpc.org.contact.htm

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

==============================================================================

Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

• Issues related to maintenance of the property
• Not displaying society’s name board
• Not allowing members access to common spaces
• Charging excessive fines, maintenance, other dues
• Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

• Non-issuance of share certificates
• Refusal of membership
• Exorbitant premium demand
• Refusal to produce account books and registers for inspection/ tampering or destruction of records
• Incomplete or falsified maintenance records
• Failure to prepare audit reports/ audit rectification reports/ annual reports
• Corruption and misappropriation of funds
• Investing funds without prior approval of members
• Inappropriate/false non-occupancy charges
• Failure to conduct election on time
• Appointing defaulting members on committee
• Rejection of nomination
• Failure to conduct annual, special or general body meetings wilfully
• Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

• Major and minor repairs, leakages
• Parking issues, disputes with allotment of residence
• Managing Committee resolutions
• Disputes with election of managing committee (except nomination refusal)
• High construction cost, disputes with appointment of architect or redeveloper
• Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

=================================================================

On account of pandemic and force majeure conditions builder would not be liable to pay compensation for delay in delivery of possession 

2) however builder is to pay pre EMI as per terms of agreement 

3) after lock down is lifted you can sue the builder to recover arrears of pre EMI as per terms of your agreement 

- As per law, one can cancel the agreement for purchasing the said flat , and the builder is bound to refund the entire amount with 10% interest due to delay in possession of the flat.

- Since, the bank sanctioned the loan for purchasing the said flat in favour of you , then on the default of builder to pay the pre-EMI , the bank will force you for the same , and not the builder. 

- The agreement of promise to pay the EMI till possession was between you and the builder , and not with the bank.

- if , the builder not paying the same , and doing delay in possession , then for that the builder is responsible for breach of contract /agreement. 

- You should issue a legal notice to the builder , and thereby mention that by entering into the promise , the builder is bound with the clauses of the agreement , and to pay the pre-emi of the bank, and further state that if not doing so , then you will be constrained to file a case against him for the deficiency of services.

- If, no response, then file a complaint before the Consumer  forum/court on the ground of deficiency of services , and to stay the bank to recover the emi till the finalisation of the case. 

1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

2. Alternatively you may make a complaint to local RERA office.

Hello,

1. You have the option to compel the builder to comply with the terms and conditions of the Agreement. Get a legal notice issue to him seeking specific performance of his obligations in the contract or be prepared to pay penalty.
2. Make the agent of the builder who misrepresented facts to you and make him liable for his false assurances. Issue him as well a copy of the legal notice.
3. If the builder is unable to handover possession by the promised date and seeks further extension, you can seek rent/compensation, reach out to RERA for remedies or file a civil suit for Specific performance. 

1. This appears to be a classic case of unfair trade practice and deficiency of service.

2. In such cases you have a good merit if you approach the consumer forum to either enforce the terms of the agreement or to refund your money with interest and damages.

3. It is your choice which of those two reliefs you would claim in consumer forum. 

You may decide whether to continue with the booking or to cancel the sale agreement.

The subvention scheme do not come as freebie.

If the builder is stopping the EMI payment then the bank will insist you to pay the same .

Under such schemes the builders do not pay the EMI beyond certain period, in fact the builder might even stop the construction work and may quote that that there is no progress hence the delay in possession.

You may not even be able to claim penal interest for the delay in handing over possession due to the privilege given by builder in the form of subvention.

While the developer may be picking up the tab for interest payment during the period of construction, you are not getting a free lunch either. “The same project will likely have two price points—one with Interest subvention schemes can make buying a home easy for you in the initial stages, but watch out for the pitfalls.

Even now if you do not want to continue with the booking, you may cancel the sale agreement properly following the legal procedures and demand return of your amount invested in it because of the delay in completion by the builder and also m for stopping the EMI repayment of loan amount.

The agents or the staffs of the builder may give lots of false promises, whereas nothing will be executed neither you will find any such concessions in writing from the builder's desk.

You can approach RERA for redressal of your grievance ce.

Dear Sir

Kindly send a proper notice through an advocate and also approach the forum/court as per agreement with proper jurisdiction.

Dear Sir,

Due to present lockdown situations, there has been relaxation of six months in terms of completion of the project, and the emi has also been given moratarium for 03 months, but the builder can't deny to submit the same to the bank.You may file the criminal case for the submission of false/fake commitments by the builder and his agent. Also, you are suggested to serve one legal notice to builder to comply the commitments regarding EMIs and also serve a copy of the same to the bank so that bank can't force you to pay the payment. In case, the notice is not answered or the builder does not start giving EMI to bank, file the case against builder.   

You can seek refund of your money if you require through consume court or rera

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your problem in this regard. I have dealt with such cases in Supreme Court. You know that Novel Coronavirus (COVID-19) has hit populations around the world and has resulted in many restrictions, including free movement of people. It has brought the world to a grinding halt and has severely impacted the ability of businesses throughout the world to fulfil contractual obligations and sustain operations. You might know that considering the lockdown and the exodus of labourers, the ministry of housing and urban affairs has advised state governments and respective real estate regulatory authorities to consider covid-19 pandemic as “force majeure" event and allow extension of up to nine months to developers for the completion of real estate projects. This is a relief for developers, but it will cost homebuyers. Finance minister Nirmala Sitharaman stated in a press conference on 13 May stated that authorities should “extend the registration and completion date suo moto by six months for all registered projects expiring on or after 25 March 2020 without individual applications. Regulatory authorities may extend this for another period of up to three months, if needed.
Please understand that typically, a force majeure event is one which is an unavoidable event such as "act of God," notably weather conditions including hurricanes, floods, tornadoes, earthquakes, landslides, and wildfires, as well as certain man-made events like riots, wars, terrorism etc.
In your case if there is a force majeure clause in the agreement then you may not be able to recover any compensation from the builder & also when the delivery date was on or after 25th March 2020.
But in case there is no force majeure clause and delivery date was before 25th March 2020 then builder is bound by law to give you the possession and if there is delay in giving the possession you are entitled for compensation. In such cases, the promoter is bound to return the amount received by him in respect of that apartment with interest at such rate as maybe prescribed including compensation. However, if the allottee does not wish to withdraw from the project, the allottee shall be paid interest for every month of the delay till the handing over of the possession of the apartment.

Moreover according to Supreme Court of India and National Consumer Disputes Redressal Commission (NCDRC) rules wherever the builder commits a particular date or time frame for completion of the construction and offering possession to the Buyer, they must necessarily honour the commitment made by them.

Along with agreement builder also signed from you one addendum and it's one point is buyer will not be compensated in case of delay in possession. For this Supreme Court in the case of Pioneer Urban Land & Infrastructure Ltd Vs Govindan Raghavan (2019), has held that terms of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder. It further held that incorporation of one-sided clauses in an agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986 since it adopts unfair methods or practices for the purpose of selling the flats by the builder. There should not be a win-win situation for builders. 
In case of Lucknow Development Authority v M. K Gupta, Supreme Court concluded that the inordinate delay in handing over the possession of the flat clearly amounts to deficiency of service under the Consumer Protection Act, 1986 ("Act"). Further the Court stated that a person cannot be made to wait indefinitely for possession of the flat allotted to him and is entitled to seek refund of the amount paid by him, along with compensation.
Please understand that Article 141 of the Constitution of India provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India. The general principles laid down by the Supreme Court are applicable to each individual including those who are not party to an order.

You can issue a legal notice to the builder with the help of an Advocate to comply with rules I stated. I have recently issued legal notices to some of such delinquent real estate companies and they have settled the grievances of the aggrieved parties and also granted them compensation for the mental and physical agony after issuing the legal notice. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

1. Why do you sign such addendums which militate against your rights and reduce you to slaves of the builder?

2. You have given fodder to the builder to delay the possession.

3. Now you should serve a lawyer's notice to the builder to refund the entire amount paid to him. If he does not refund then you can sue him in Consumer Forum on the ground of deficiency in service. However, the clause against payment of compensation will go against you.

Dear querist, 

The first thing for your consideration is that is the builder and property a RERA registered property?

If yes, Then you can approach the RERA adjudication tribunal for delayed possession and either can get your money as a compensation and deny the flat and get your money back. 

If not, then first send a legal notice to the builder in the form of show cause as to why the possession has not been given in a stipulated time and seek possession in 10-15 days alongwith the clearance of PRe EMI which is clubbing in your loan account. If this does not suffice your requirement, file a consumer complaint against the buyer in the consumer tribunal seeking either possession or return of the earnest money alongwith the compensation. 

In case you need my assistance in the matter, i can be contacted for consultation or on linkedin, 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

Dont forget to rate me positively. 

regards, 

Yuganshu sharma 

ADVOCATE

DELHI HIGH COURT

Dear Querist

Immediately issue a legal notice to builder and demand all the remaining EMI pending for payment as per the commitment of the builder and also demand possession of the property. if within notice period the builder does not reply positively then you may file a civil suit under specific Relief Act and claim possession and compensation.

Due to on going Pandemic, Lock Down and Force Majeure involvement, the liability of Builder will be limited.

You can insist the Builder to pay Pre-EMI as per Agreed terms.

In case if there is any default from Builder's side, you can initiate proceedings against him for recovery of un paid EMI by the builder, for which you need to wait till lock down is lifted, meanwhile, you can issue notice to Builder.

You must give a written representation to a builder for same, which will be followed by a legal notice by your lawyer. In a case of no response from Builder to your legal notice, you are well within your rights to take your Builder to Court i.e. Consumer Forum.

1. You cannot force builder to pay pre EMIs under subvention scheme as this scheme was declared invalid by govt.

2. You can send a notice for cancellation of booking and demand refund of money paid to builder. 

3. Till the time you dont take decisions about legal action against builder pay EMIs regularly to keep your account clear. 

Subvention scheme is a complete fraud and many unsuspecting buyers have been duped.

Therefore file a complaint against the builder in the RERA TRIBUNAL.