• Builder flat in greater Noida (RERA)

I booked a Builder flat in Noida Extn. In 2010 (Possession date 2012)which was Cancelled by the builder deliberated intension just by taking Excuse of fall shot of less payment of Rs. 5000.
Builder Cancelled Allotment.The builder again booked new flat by changing the location and floor in a flexi payment mode in 2012 (possession date 2015).Now builder is demanding payment of increased area and escalation clause and other charges for Labour welfare and kisaan payment. 
Kindly let me know our right in respect of late possession, escalation charges. 
We have taken loan from the bank for the flat in question and We were living on rent. 
Kindly guide How to deal with situation
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

File a complaint against the illegal demand in the consumer court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It is necessary to peruse agreement entered into by you with builder to advice 

 

2) builder cannot increase area without your consent 

 

3) if builder has delayed delivery of possession you are entitled to compensation for delayed delivery of possession 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Builder has tremendously delayed the possession. You are entitle to full refund with interest or compensation for delayed possesion.

And you are liable to pay only cost of flat, no other charges. It is builder who will bear labour and kisaan payment. Complain to RERA and consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

A complaint must be filed in the RERA tribunal immediately. He cannot take advantage of his own wrong by slapping various cahrges on you because of the delay he caused.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file complaint with rera or consumer court. You can claim compensation for the delay with interest. You can also pray for cancellation

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The rights and obligations of both seller and purchaser are tied by the terms of the agreement. 

So refer to the terms of the agreement to find if the demand of the builder is based upon such terms or not.

If not then ignore the demand of the builder. 

Now if the builder stops doing its obligations in terms of the agreement you have the remedy for redressal before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can go through the conditions mentioned in the sale agreement. 

You can demand penalty for the delay in delivering possession similar to that of penalty he demands for late payment. 

You can issue a legal notice demanding the late fee. 

Consult an advocate in the local and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- Since the possession date was 2015, then the builder cannot impose his fault on you, after charging labour welfare and kissan payment or in the name of increased area. 

- The builder is bound to comply the agreement , and if delayed from the possession date given in the agreement , then builder is bound to compensate the buyer @ 10% .

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. 

- You can send a legal notice to the said builder after mentioning that you are not bound to pay the said charges and due to his fault & delay in possession facing trouble.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You proceed with RERA law against builder if he is registered with RERA.

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

Hello,

There has been a delay in possession already. 

Please share the builder buyer agreement and other documents in order to enable us to give you a proper and concrete advice. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Send them a legal notice to clarify and if not satisfied you can file in the consumer forum.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

issue a legal notice through an advocate and file complaint before RERA Or District Consumer Forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

You are suggested to go against the builder by serving the legal notice and then filing the case either in consumer court or in RERA. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You should send a legal notice to builder for compensation of delayed possession and waiver of inappropriate charges.

2. If he refuse to entertain your notice then You can file case against builder for compensation and interest due to delayed possession of flat and waiver of inappropriate demands of builder. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

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