The Land Developer had promised the following facilities in a gated community in South Bangalore. The layout has 31 sites out of that nearly 25 sites are registered. Though the entire 1.1 acre of land has BBMP A Khata but the individual sites are issued with B Khata. Concrete Roads 24 hrs water supply Electricity Underground sewage Lighting systems BBMP A Khata Overhead water tank Few of the Site owners have started the construction and few are planning to construct homes. At present developer has provided only a concrete road, an Underground Sewage pit and a single borewell for water supply for the layout, however we have fighting with the developer for the electricity, lighting, overhead water tank, and BBMP A khata from past 4-6 months, so far there is no proper commitment or assurance from the developer on completing the pending work. The developer has another 5-6 sites to be sold. Now the owner who has purchased the site and growing impatient and planning to put a banner or the compound wall painted with the message that the developer has provided some of the basic facilities so the potential site buyers are made aware of the problem. The owners who are in the process of home construction have availed of construction loans and little skeptical about getting the loan amount released from the Bank in case the banner or wall painting is done. We had multiple rounds of discussion with the developer he never denied completing the pending work but kept on giving false promises. Could you please suggest what is the best possible way to get the pending work completed from the Developer side?
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File complaint against builder before RERA abd seek orders to direct builder to provide facilities promised by him
in alternative file complaint before consumer forum
3) also seek litigation costs and compensation for mental torture under gone by you
What is property is not registered with RERA?
You can file complaint t against builder before consumer forum and seek relief’s mentioned herein above
non registered projects are also covered under RERA
Send a legal notice to the Developer to complete the pending work.
You can resort to to legal action by first issuing a legal notice demanding the completion of all the pending issues and stipulate a deadline for the same in the legal notice.
If he's not complying or not responding properly then you can escalate the matter through consumer commission
A complaint can be given to RERA even if it's not registered with RERA
- As per law, the land developer/builder is bound to deliver the possession after completing all the facilities within a time frame fixed at the time of agreement.
- Since, the said developer is giving false promises , then you can send a legal notice for the same
- If no positive response, then file a compliant before the Consumer forum , and claim compensation of harassment as well.
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. My office regularly receives various emails/phone calls regarding such similar issues.
You can send a legal notice through Advocate to the developer. A Legal Notice is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled. Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. My office can help you in this regard.
In fact please note that without registration with the RERA administration, no project can even be initiated. Before commencing the project, the developer had to provide specifics about it and provide frequent updates via RERA on its website. As a result, both purchasing and selling such property are prohibited.
Real Estate Regulatory Authority (RERA) is a regulatory body that was formed to protect the rights of homebuyers. If your builder fails to register his project with RERA, it is his fault. Now, if you buy a property in his project and reach out to RERA for redressal of any grievance, then you’d be asked why you bought an unregistered project in the first case. This makes your case weak.
Plus, developers are required to quote the registration number in every promotion, meaning they can’t advertise a project unless it’s registered with RERA. So, you should always check whether the project you are looking to buy has been advertised in the media or not.
On the RERA authority official websites, the details of residential and commercial projects are specified. A developer is required to list all the details as well as the updates about the project, floors, number of units, and how many are unsold or sold every 3 months. Residential or Commercial projects with 8 units and more come under the RERA’s ambit.
Every under construction or new project comes under the RERA’s ambit. The authority makes sure that a developer is delivering what he promised to buyers as specified in the sale agreement.
Detailed discussion is required in such cases.
You may contact my secretary to connect with me for clarification.
Regards
Mr. Gopal Verma
Advocate on Record
Supreme Court of India
Dear client,
I understand the frustration you and other site owners are facing due to the unfulfilled promises from the developer. Consider forming a collective group of affected site owners. Strength in numbers can sometimes compel the developer to take action more seriously. Gather all the documents, contracts, and communications related to the promises made by the developer. This documentation will be crucial if legal action is required. If verbal discussions have not yielded results, communicate with the developer in writing (emails or formal letters) outlining the promises made, the delay in fulfilling them, and the impact it's having on the site owners. Consider reaching out to local authorities or regulatory bodies overseeing real estate development. They might intervene or provide guidance on how to proceed. Request a concrete timeline for the completion of pending work from the developer. Put this in writing and ensure it's acknowledged. Contact the bank where the construction loans were availed. Explain the situation and seek clarification on the impact of any public messaging on the loan disbursement. They might have insights or conditions regarding this matter. While it may be tempting to put up banners or paint messages, hold off for now as it might impact ongoing processes like loan disbursement. It could also escalate tensions with the developer. If both parties are open to it, mediation with a neutral third party could help in reaching a resolution without going through a lengthy legal battle.
RERA (Real Estate Regulatory Authority) is a regulatory body established to govern the real estate sector and protect the interests of buyers. The registration of a property under RERA provides transparency and ensures certain standards and obligations are met by the developers. If a property is not registered with RERA, it could have several implications. In many jurisdictions where RERA is active, it's mandatory for real estate developers to register their projects with RERA before marketing or selling them. Failure to do so might be a violation of the law. RERA registration ensures that the developer complies with certain standards regarding project completion timelines, quality of construction, and other amenities promised to buyers. Without this registration, buyers might not have the same level of protection and recourse in case of disputes. RERA registration often signifies credibility and transparency. A project not registered might raise doubts among potential buyers regarding the legitimacy and adherence to regulatory standards.
You can reach out to us for further assistance
You can send the legal notice and file a consumer complaint. You can also file a writ petition forgetting all the work done if the concerned govt agencies have not done the same
