• Delayed / shelved project from the builder

Hello 

I booked a flat in 2009 with a reputed builder ( was reputed back then). I paid the booking amount as per the agreement which was 20-25% of the property value. The project got stalled until 2013 due to some clearances that builder couldn't obtain (at least that was what the builder told me). In 2013 end, they relaunched the project, and I was asked to pay another 20% including the carpet area change, and excavation charges...and the project hasn't moved since then. 

Builder is in and out of jail in different matters already... What are my options now..
Asked 4 years ago in Consumer Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

There is no need to pay extra 20% for the carpet area change and excavation charges as you are only supposed to pay the charges which were agreed upon when you had booked the flat and you and the builder had executed the builder buyer agreement. 

You can file a complaint against the builder in consumer court for deficiency of services and unfair trade practices adopted by him and can claim possession/refund, alongwith interest for delay in giving possession, compensation and litigation expenses.

Alternatively, you can also approach RERA and file a similar complaint against him.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

A complaint must be filed against the builder in the RERA TRIBUNAL immediately.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

It is not necessary that the project must be registered with RERA. Although registration is mandatory but some of them don't do it. File a complaint.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Builder is bound to register project with RERA 

 

2) complain to RERA against builder taking 45 per cent of sale consideration and not registering the project 

 

3) you can also cancel booking and seek refund of money paid by you with interest as builder has not proceeded with the project 

Ajay Sethi
Advocate, Mumbai
97465 Answers
7880 Consultations

As the project is not registered with RERA, you will have to approach consumer court for the same as advised above.

 

Regards.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

You cannot expect any progress in the constructions anymore owing to the fraudulent acts of the builder.

Moreover he is reported to be running between courts, jail and litigation, you cannot expect any fruitful result at the nearest possible time.

Therefore you may cancel the booking in writing and intimate the same to the builder and demand the return of the booking amount owing to reasons of inordinate delay in constructions. 

After that you may resort to legal action for recovery of the booking amount if the builder is not cooperating

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

The builder may not respond even to the legal notice issued to him by registered post neither he will obey the orders of RERA also since he has become a hardcore person after visiting jail for more than once.

Hence you may have to get into legal action recover the booking amount.

Sending communication through emails would not fetch you any favorable result, just forget it.

You may consult a local advocate and take legal steps in this regard.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

It's illegal to later increase the said price. You can go to consumer court against him. You can also go to rera for non registration of project of they have completed the period

Prashant Nayak
Advocate, Mumbai
32836 Answers
209 Consultations

File a compensation case in consumer court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File Complaint Against Builder before RERA . 

You can file complaint before district consumer Forum and Seek orders and claim Compensation for mental agony 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

You can approach before Consumer Forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

- As per law, if buyer paid 10 % booking amount , then the builder is bound to execute a registered sale agreement .

- Since, the builder is delaying in the garb of clearance etc, and further receive more amount from you in the name of changing in carpet area , then legally you can cancel the booking .

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

- Further, as per Real Estate Regulation Act (RERA), home-buyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. The builder is bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

- Hence, if you have already paid more than or 10 percent of the flat value, and the said agreement signed by you , is not registered in the office of the Registrar , then you are liable to get full amount refund paid by you ,even there is a clause present in the agreement for not refunding  , and if the said agreement is registered , then builder has right to deduct booking amount from the paid amount. 

- If, builder not refunding the same ,then you should lodge your complaint before the Consumer court , and thereby prayed for the refund of paid amount with interest and compensation as well. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

Better file FIR and consumer complaint for fast recovery and compensation. 

Also complain to RERA for refund with interest.

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

Please issue legal notice to resolve your grievances and then initiate injunction process against the builder as the process is out of jurisdiction of RERA proceedings because of non- registration of the project under the RERA project.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Since RERA The  Real Estate ( Regulations and Development ) Act came into existence in 2016 hence your project is out of jurisdiction of RERA authority. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You may approach Civil Court for temporary injunction against the Builder under order 39 and section 151 of C P C 1908 for alienating, creating third party interest to anyone by self or through their agents. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You can file a complaint in RERA through online.

Regards

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

Approach the consumer forum and file a consumer complaint in this this matter. Seek refund with interest.

 

Additionally, lodge a FIR against this builder for cheating and. Criminal breach of trust 

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

1. File suit for cancellation of flat and recovery of money paid to him with interest.

2. You can file suit before RERA or civil court. 

3. Hire an advocate for filing the suit 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Issue notice to the Builder seeking refund of the money paid and seek damages for delay.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

If the project is not  registered with RERA you cannot go to RERA.  

Further, it needs to be explained  as to why you waited for more than six years without raising issue.  If you have already written to him using the correspondence, you can initiate proceedings against the builder for recovery and damages by cancelling the booking. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Ask a Lawyer

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