Hi, I am facing issues with the apartment construction in Bengaluru. The builder has not completed the project and there are numerous pending items. He has been delaying the project for over 3 years, citing reasons such as the COVID-19 pandemic. The quality of construction is substandard, and the builder is attempting to compromise on quality and cut corners. Many of the promised items have been delivered with shortcuts. Moreover, the builder has asked owners to take possession and begin interior work before the completion of the project. Due to a rise in city rents, EMIs on flat, many owners have taken over their flats, done interior work, completed registration, and made full payments, yet the builder has failed to complete the property, and people have started residing in the flats finding now solution. Furthermore, the builder has initiated temporary charges claiming that the percentage of occupancy is not sufficient to begin the builder's one-year maintenance. Several individuals have paid these charges, while others have decided to wait until the project is completed and the builder initiates maintenance. However, after one year, the builder sent a notification stating that his "free" maintenance period is over and that he will cease services starting next month. Additionally, he has not informed the owners about commencing builder's maintenance and is requesting that owners collectively take over the management of facilities like sewage treatment plant, water treatment plant, and diesel generator. Moreover, the landowner has multiple flats and is in dispute with the builder regarding maintenance collection for these units. While we are currently in the process of establishing an owners' cooperative society under the Karnataka co-op society act 1959/1960 rules, we still do not have an owners' association. The construction of the clubhouse is pending, the occupancy certificate has not been issued, and there are several incomplete aspects within the apartment. We have issues with low quality lift etc. We demand the completion of the project, including the clubhouse, the issuance of the occupancy certificate, the initiation of the builder's one-year maintenance, and the handover of maintenance facilities with proper auditing. We are working towards establishing a cooperative society, and we seek guidance on how to proceed. Regards.
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Issue legal notice to builder to complete the construction of club house ,obtain occupancy certificate,to complete pending work
if he fails to do so from previous complaint against builder before RETA and seek orders to complete construction,obtain ,OC etc
you can issue a legal notice to the builder pointing out to the deficiencies in his construction work.
You can also collect a report from your own structural engineer about the standard and quality of the work completed so far and mention that also as one of the demands in your legal notice.
If the builder fails to respond, you may make a complaint against him with RERA for relief and remedy.
As the project is not completed yet, there is no question of getting OC for the incomplete project, therefore the builder cannot demand maintenance from the people who have not occupied the flats.
You may not hurry to occupy it without completion of the construction work in all aspects
Dear client,
If the builder does not fulfils his obligation and not completed his work within stipulation period, you can proceed by filing a complaint with Real Estate Regulatory Authority (RERA). And also you can send legal notice with help of lawyer stating the same facts. Until your cooperative society is formally registered, form an interim owners' association to join the residents and provide a collective voice. Approach the BBMP authorities or urban development bodies to seek their intervention, especially concerning the non-issuance of the occupancy certificate and non-compliance with building standards. Work on drafting the bylaws and completing the necessary paperwork for registering your cooperative society under the Karnataka Co-operative Societies Act, 1959/1960. This will give you legal standing to manage your property collectively. Everything fails you go file case against builder for incompletion work poor interior low quality work and substandard works before the consumer court.
Thank you
- 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.
- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer, hence you can deny to pay the same.
- You can lodge a complaint before the Consumer Forum or RERA against the builder , and thereby can also claim compensation for mental harassment with the possession of the flat with 10% interest.
You can file complaint before consumer court and seek remedy
Dear Sir /Madam
This problem is very critical and you must initiate some legal action against the builder before he wipes off his hands and gets rid of this project . Many builder gives promises but find it difficult to fulfill. As a resident's team , you must initiate legal notice to the builder with regard to all the pending works and issues.
Meanwhile not paying maintenance charges wouldn't favor as it would mean you are breaching your residential duties. Be on good records and try to negotiate with the builder .
Firstly issue of a strong legal notice is recommended.
I could discuss your case in detail if I had the documents of the builder name , project etc and known more information about your case . But due to limitations, i would request you to contact me personally on phone or at my office for detailed consultation if any required..
If you found my answer help , Please provide your valuable ratings.
Thank you. Warm regards
- Adv Harshita Shah
