You can file a consumer complaint for deficiency of service and claim compensation or refund as per your convenience.
Breach of Agreement to sell by builder
Case details:- I purchased a flat in a premium society. During sale i was told that premium material will be used and branded fittings will be provided. i booked the flat and paid my own share of payment out of total payment on last day of the deadline of 60 days period of payment. however due to covid lockdown my loan disbursement got delayed by approximately 18 days. the 60 days deadline of builder to handover the flat after payment is already over and its been 16 days top of deadline. But when i checked the quality of flat I'm utterly disappointed. Approx. 70% tiles (out of of total 150 tiles) are hollow beneath which reduces their life and endangering life in case of sudden break in tiles. The grouting done in between the tiles is very badly done and is looking ugly especially in the living room. The paint is having patches at multiple places which is looking ugly. The bathroom has hollow tiles. There is seepage in the living room and master bedroom walls. Paint on the doors is not satisfactory. I talked to the customer relationship manager of the company regarding the same but they informed me that there will be no replacement of the hollow tiles and I need to accept handover with hollow tiles. now my questions are as follows:- 1. What are the various legal options available to me in this matter. 2. what are the various legal rights available to me. 3. when we have already expressed our knowledge of hollow tiles to the builder before possession and we have to sign a check list before handover, can i still go for legal claim citing inferior quality provided after possession. 4. the builder has given the option of taking 20 fresh tiles at the time of handover as a reimbursement against the hollow tiles, should we go for this option? what will be the impact of this act if i want to file legal case against the builder post possession. 5. i would like to know the tentative time period of resolution of such cases under different legal options like consumer court, RERA, PLA etc. 6. Which will be a better way of approach in my case i.e. claim before possession or after possession. 7. how much compensation on the ground of inferior quality we can claim from builder if we wish to retain the flat. 8. Should we go for the legal option before possession with claim for only tiles or should we take possession and then file legal case adding up other defects found in the mean time hence increasing the claim amount. 9.Since i'm currently living in a rented flat and home loan emi has also started deducting , which would be the best course of action with the least financial implication:- A. to go with the legal option before possession and to pay the rent and emi both till the matter is resolved B. to take the possession and then file against builder avoid burden of rent. 10. What are the compensations i can claim under different legal options while paying rent.
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
You can file complaint against builder before RERA or consumer forum and seek orders to direct builder to replace fittings found defective
2) disposal of cases before RERA or consumer forum would depend upon pendency of cases in your city
3) take possssion of flat under protest and then file case against builder before consumer forum
4) you can seek orders to provide compensation for mental torture undergone by you and litigation expenses
5) since you are staying in rented flat and paying EMI it is better to take possession of flat then sue builder
If you want you will full refund with interest and cancellation of sale deed or get monetary compensation for carrying repairs. You can file complaint under Real Estate (Regulation and Development) Act, 2016 but that will take time. As per the direction of Supreme Court in a recent case, even District Consumer Forum have power to decide dispute between buyer and builder. Under Section 88, provisions of Real Estate (Regulation and Development) Act, 2016 are in addition to, and not in derogation of, the provisions of any other law. Issue a lawyer's notice seeking refund with interest. After that file a complaint in District Consumer Forum under new Consumer Protection Act, 2019 under which proceeding are very fast. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.
- You can approach Real Estate (Regulation and Development) Act, 2016 authority if the projected registered under the Act, file complaint in District Consumer Forum and civil suit in Court. The best is District Consumer Forum, fast and effective.
- Right of appropriate compensation, right to seek cancellation of sale and full refund with interest.
- A defect is defect, defect is pointed out to builder you can very much seek redressal.
- Get the defect quantified by expert, and after that file a complaint seeking evaluation by forum appointed expert and then take possession.
- In District Consumer Forum it will take aprox 6 months, in Real Estate (Regulation and Development) Act, 2016 it will take longer.
- Follow answer 4.
- Compensation for mental harassment will not be less than 50K damages depend on cost of rectifying defect.
- Your repeating question 6.
- Take possession as per answer 4.
- 5L.
You can file a consumer complaint in a consumer forum against the builder for deficiency in services and unfair trade practices.
Compensation or full refund can be demanded by you.
Yeah you can.
You should file a case against him after giving him a legal notice immediately.
In RERA tribunal it may take 6 months max.
A rational estimate after consultation with a person who knows about building materials.
You should go for a case before possession because once you move in you cannot ask for a full refund.
1. You first make a list of all the deficiencies in the completion of their work and give a complaint to the builder in writing with an acknowledgment, with a request to rectify the observed problems and then hand over the apartment..
2. Firstly you exhaust the remedies with the builder after which you can approach appropriate legal forum in case the builder is refusing to undertake the responsibility in this regard.
3. You may ascertain the quality of the tiles used through an engineer from your side and document it before approaching a legal forum for remedy.
4. if you are agreeing for a compromise settlement then you will be losing the opportunity to approach legal forum for remedy in this regard.
5. The time taken for disposal of various forums you have mentioned cannot be predict owing to various factors involved in it.
6. You can decide based on the prevailing situation.
7. It is your own discretion because you are the one who suffered the loss of time, money and energy in this regard, you can claim a justified compensation.
8. You can decide based on the prevailing situation.
9. You can take possession with objections so that you do not have to bear the additional burden of rental amount unnecessarily.
10. You can claim the compensation for mental agony, repair charges, replacement charges to replace the substandard items used for constriction etc.,
Dear sir,
1. you can file a legal notice against the builder for specific performance and ask for compensation. If he denies, you can institute a civil case, and a case before the consumer forum.
2. you can go for a claim citing inferior quality provided after possession and seek compensation.
3. as per your saying, 20 tiles won't suffice the amount of loss you suffered. if you are ready to compromise, then it is okay but you can claim for 70% of 150 tiles.
4. You can take this to the Consumer court
5. It would be better if you claim it after taking the possession
6. You can claim all defects found at that of the possession.
Thank You
1. You can file a compliant against the builder before the Consumer forum on the ground of deficiency of services ,
2. You can cancel the agreement due to the said fault of builder and are entitled to get full refund with the compensation .
- Further , you can also lodge a compliant against the said builder before RERA as well.
3.Yes, if the agreement mentioned that builder will give the possession as per the quality and fittings etc. , then builder is liable for the same.
4. Since, the construction work is not as per promised and mentioned , then you should approach the forum against the builder .
5. We cannot imagine the time in the present scenario.
6. Better take possession , and take legal action to save your rent etc.
7. You can claim compensation for the mental agony as well.
8. Take decision which favored you.
9. Reply as 6
10. The Court can direct the builder to resolve the issue raised by you.
