• Slow progress of construction project

The builder had an original completion date of Nov 2019. Now it has crossed the RERA grace period which ended in MAY 2020.I am not sure when they are going to deliver the project. The builder is taking an advantage of the covid impact still and doesnt have a proper plan when to handover.
How to proceed with the builder legally and what are the benefits the customer can get after the RERA grace period is over.I also want to go with a lawyer who can help me sending legal notice and help to understand the consequence the builder has to go through if it gets delayed more and more. Moreover, what are the remaining legal approvals remaining to move into the project. Please suggest me if going with a lawyer till the end will help me over come this
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

You have to check first how much work has been completed by builder till May 2020 and against how much payment you have made it. 

 

You can make complaint in the RERA and consumer forum as well regarding the delay of the builder's work. Plus if you're paying EMI's then ask compensation from builder for monetary like Interest.

 

Whether go wit lawyer for last long that depends upon much project is completed and how much amount you had made it .. need to know the case facts.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

COVID-19 pandemic situation has put on hold all projects, work,plan,construction, development and research except control on disease prevention and vaccination to cure the draconian CORONA Virus. 

As matter of legal rights, Please issue legal notice to Builder for compliance of RERA and complete the project within time frame as promised failing which proceedings before RERA authority for the REDRESSAL of grievances as has arisen due to whatsoever reason and ground. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If there is delay in completion even beyond the grace period then you have two options- I. To cancel the agreement and seek full refund with interest or ii  to wait for completion and then seek damages for the delay. 

So you can contact to send legal notice of your choice on default of which further legal recourse can be taken before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

You can engage any lawyer from this website for issue of legal notice to builder for delay in completion of project 

 

2) you are entitled for compensation for delay in delivery of possession 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

The builder cannot take the plea that he couldn't continue with construction activities during the lock down; since in-situ construction activities were permitted by the Govt. even during the lock down.

 

Fit case to approach RERA and seek benefit of delayed interest/refund, as per your plan.

 

Better you send the builder a legal notice before approaching RERA with a complaint against him. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

 1. See after complition from builders side Occupancy certificate from authority is required. Once OC is their than only agree for registration also for delay you may file before the RERA authority seeking compensation. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Serve them with a legal notice and than file a complaint against the builder in the consumer court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have three options in such cases where builder is delaying project indefinitely. One can be to file a case before consumer forum, second can be to approach RERA and third is approaching NCLT and proceeding against the builder under the insolvency and bankruptcy code.

Now RERA is a dedicated tribunal for real estate matters when passing order it will probably either order refund of money along with interest (usually 10% of current value) or it may grant monthly interest until delivery of possession.

But consumer forum is also a good option and it usually pases an order to give possession and also grants a lumpsum compensation for delay in delivery and for mental and physical hardship suffered. 

NCLT is mainly for building pressure of insolvency so that the builder offers a lucrative settlement offer.

All are good options but as I said RERA is a dedicated tribunal so it's better to approach it.

Every lawyer having experience of RERA tribunal can send a legal notice as well as explain consequences but in nutshell consequences are those as stated above.

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

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. However note that the entire Govt. announced lockdown period shall be legally exempted, by legal default, for Builder's delay and all such delay by builder shall be legally condoned off.

3. You are advised to hold on, till govt. announced lockdown period is totally lifted and only then think of any legal action.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

-  As per the RERA Act, if the builder is delaying in construction & delay in possession , then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.

- Hence , if builder fails to delivers the possession of the flat to you on time , then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest. 

- Further, if you get the possession of the said flat lately , then also you can claim 10% compensation from the builder. 

- However, you should send a notice to the builder , and can select any lawyer including me from this website for sending the legal notice to the builder. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Actual date of delivery was NOV 2019, so builder is at default from dec 2019 only and cannot take benefits of moratorium granted by govt. You are entitle to interest/compensation on delayed possession. Send legal notice for payment of interest till possession deliver or full refund with interest. 

If demand not complied by builder than complain to RERA and consumer court.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

A legal notice must be sent first to the builder and then a complaint against the builder must be filed in the RERA tribunal. The tribunal decides the case expeditiously.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The builder is liable to pay interest at the agreed rate for the period of delay till such time he delivers possession of the property. 

You don't have to engage the services of an advocate so soon. 

If at all there's an unlimited delay you can either cancel the agreement or issue a legal notice demanding possession of property by fixing up a time stipulated therein in the legal notice. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Yes its better you appoint a lawyer and proceed

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

1. Serve a lawyer's notice to the builder seeking refund of the amount with compensation.

2. If the builder does not meet your demand within the period given in the legal notice then sue him in RERA.

3. You must go with a lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes it would be good if you could contact a lawyer along with the documents pertaining to this project and seek instructions to move forward. Without looking into the documents any advice given here would only be illustrative. 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

the builder is liable to deliver the possession of a flat within the limit prescribed in the advertisement or in the builders agreement. If the same is not done a complaint can be filed against the builder in the consumer forums which can ensure timely delivery of the flat and also provide compensation to the consumers for the delay in possession.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A customer can claim cancellation of flat with full refund of advance paid with interest in case of delay in project.

Builder have to face more cancellations in case of delay in possession date. 

Builder need to get completion certificate and occupancy certificate from local authorities before he can offer legal possession of flats.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

File a complaint in rera else you can send them a legal notice and file a case in the consumer forum.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer