The real estate industry is one of the most flourishing. The increase in the demand of the residential and commercial property has given birth to several builders and developers who offer or promise special features to attract prospective allottees. The same has also developed a long ending fight between the allottees and the builders concerning the unfair practices used by the builders and the delay in handing over the possession the allottees in which case the ultimate sufferer is the allottee who suffers mentally as well as financially. Using the remedies provided by law, the allottees have been able to get back their money with interest or have been financially compensated besides allotment of flats. In case of delay in delivery of possession, the builders have been made liable to refund the amount paid with interest for the period of delay.
All the hard-earned money of the middle-class individual goes in vain when there is a delay in construction, delay in possession by the builders. Your one-stop solution to this mental and physical trouble is Sabkuch Legal where we will help reduce your suffering by providing you with end to end support. We will make sure that a proper complaint is filed in the consumer courts, your suffering is well-drafted in the complaint Sabkuch Legal assures any builder dispute issue faced by you is our concern.
Filing a complaint against any developer and builder in India, outside the purview of RERA, is now hassle-free and simple. Complainants are required to pay a fee to file a complaint in the consumer court. Here’s a step-by-step guide on how to file a complaint in consumer court in India. Raising any complaint against any real estate in the era of digitalization has become simpler and more stress-free.
Defaults by Builder and Remedies
SUBSTANDARD WORK – if a builder uses sub-standard material in construction of a building or makes false misleading representations about the condition of the house then it is the denial of the facility or benefit of which a consumer is entitled to claim value. The remedies available to such buyers is to file a consumer complaint in the consumer forum against the allottee for the deficiency in service. The builders will have to remove the defect and pay compensation to the allottee. a civil suit can also be filed and damages for breach can be claimed.
CONSTRUCTION WITHOUT APPROVAL – where the plots are sold without proper approvals, allottee can file a consumer complaint for deficiency in services and also file a civil complaint and claim for damages.
CONSTRUCTION ON ILLEGALLY ACQUIRED LAND - Where construction has been made on illegally acquired land, the allottee can approach the consumer forum or the civil court for his redressal. Allottee can either claim a refund or ask for alternate accommodation.
FRAUD IN BOOKING – where fraud has been made in booking allottee can file a consumer complaint, civil complaint as well as criminal complaint against the builder.
CHANGE OF LAND USE, LAYOUT PLAN AND STRUCTURES WITHOUT THE APPROVAL OF THE ALLOTTEE – If there is any additional construction which is not part of the layout plan in the time of executing the purchase agreement there const of the allottee is necessary. In cases of the builder/developer makes changes in the use of land or the layout plan and the structures concerning the one given in the agreement, the allottee must send a legal notice to the builder and if he does not respond to the same the allottee can file a complaint against the builder in the consumer forum or file a civil suit in a civil court.
HIDDEN CHARGES : If the allottee is overburdened by the excessive hidden charges in the allottee builder agreement, the allottee can file a civil suit in a civil court or the competition commission of India if it can be proved that the builder is a dominant entity in the market and is misusing his position to the detriment of the allottee by unilaterally imposing exorbitant hidden charges.
EXTERNAL DEVELOPMENT CHARGES – if enhanced external developmental charges are demanded by the builder, the allottee can file a civil suit.
CANCELLATION OF BOOKING/PROJECT – after receiving and accepting booking charges if the builder cancels the booking allottee can send legal notice and in case of no solution file a consumer complaint for refund of the booking amount.
FORFEITURE OF AMOUNT- if the agreement between the builder and allottee doesn’t contain an expert clause that the builder has right to forfeit certain percent of the booking amount then the allottee can issue a legal notice to the builder. Allottee can also approach the consumer forum in case the cancellation is on account of delay in completion of the project.
DELAY IN DELIVERING POSSESSION:
In such cases the legal remedies available are –
(i) file consumer complaint
(ii) file civil suit for refund and interest thereon
(iii) file a complaint before the competition commission
CREATION OF THIRD-PARTY INTERESTS: when a 3rd party interest is created by the builder the allottee can serve a legal notice followed by a consume complaint r civil case.
NO COMPLETION CERTIFICATE - when the builder has not received a completion certificate from the authority then the allottee can file an RTI application with the SPIO of the local Municipality demanding the copies of all the documents submitted for seeking approval of the concerned authorities and can file the required NOCs with the concerned authority and can obtain the completion certificate himself. And if the builder has received such a certificate but unwilling to provide it to the allottee, the allottee can file a consumer complaint.
1.What action could be taken against the builder who is delaying possession?
The first course of action should always be to issue a letter in writing to the builder stating your grievance. Ensure that all assurances by the builder of giving you possession on such and such date are given to you in writing on the letterhead and under the seal of the builder. If it appears that the builder will not be giving you possession in an acceptable time period then you may approach CREDIA for mediation.
2. How do I file a criminal case against the Builder?
Criminal proceedings against builders can be initiated either by lodging a police FIR (First Information Report) or a direct criminal complaint in the Magistrate's Court. If the Police register an FIR, they will investigate the case and collect evidence to charge-sheet the builder
3. What Kinds of Criminal Cases can be filed against Builders?
Criminal proceedings against builders can be initiated either by lodging a police FIR (First Information Report) or a direct criminal complaint in the Magistrate’s Court. If the Police register an FIR, they will investigate the case and collect evidence to charge-sheet the builder. In case of a complaint to Magistrate, the homebuyer must himself obtain all necessary documentary evidence in order to make out a strong case against the Developer.