• Builder has delayed the project and is not returning the amount

I have booked a flat with Raheja Builders in Gurgaon which was scheduled to be delivered for possession in 2021. The project is delayed and is now not returning the deposited monies and is asking for time till the construction starts again which is looking very unlikely...What is the recourse available and how much time does it take on an average ?
Asked 7 months ago in Property Law
Religion: Hindu

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11 Answers

You have a few different options for recourse in this situation.

  1. You can first try negotiating with the developer to see if they are willing to refund your deposit or provide you with an updated timeline for the project completion.

  2. If the developer is not cooperative, you can consider filing a complaint with the Real Estate Regulatory Authority (RERA) in Haryana. RERA has been established to protect the interests of homebuyers and to regulate the real estate sector.

  3. You can also consider filing a civil suit against the developer for breach of contract. This can be a lengthy and expensive process, but it may be necessary if you are unable to reach a resolution through other means.

The time it takes to resolve the issue will vary depending on the specific circumstances of your case and the approach you choose to take. In general, complaints filed with RERA are typically resolved within a few months, while civil suits can take much longer.

Sheetal G. Rathod
Advocate, Rajkot
7 Answers

You have the option of choosing between the consumer court, or RERA. You have remedy under both the acts. RERA gives you the option of choosing refund with interest for delay or ask for possession with interest. This is in terms of section 18 of the RERA Act. 

 

However, firstly you give a legal notice to the builder in this matter, and before that make up your mind as to what relief you want, i.e., whether you want possession of the flat or you want to opt out from the project and seek refund.  

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

File complaint against builder before RERA seek orders to direct builder to refund your money with interest as he has fielded to complete project on time 

 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Since the waiting period for completion of construction  is beyond the permissible period, you can strictly inform the builder that you are not willing to extend the time anymore and instruct him to return the booking amount with interest from the date of payment made to him.

If the builder is not responding or not complying with the demands made, you may approach either RERA or the consumer forum for appropriate relief and remedy

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Dear client, you can file a complaint against the builder to the adjudicating authority under the section 31 of RERA act. You can also file a case in the court of competent jurisdiction and claim damages.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

If builder is not giving you position on time as specified in the builder buyer agreement then you are eligible to file complaint before Haryana real estate regulatory authority gurugram. You may also file a complaint against builder to have refund with interest from respective dates of deposit.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

- 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.

- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest. 

- Firstly you should send a demand notice after mentioning that due to delay in possession, you are cancelling the agreement, and thereby ask him to refund the entire amount paid by you with interest. 

- If the builder fails to response your notice, and not refund the amount within a period of 7 days of time, then you should file a complaint with the Consumer Court under the Consumer Protection Act, against the builder for deficiency in service.

- You can also claim compensation for mental agony and harassment due to delay in possession of the flat by the builder in the said consumer complaint.

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

  1. You have option of complaining the RERA Authority if the  project is RERA registered under Section 7. (1) (a) (b) and (c) of the  
  2. You can also complaint to District Consumer Commission under new Consumer Protection Act, 2019. Section 88 of RERA permits such complaint  to District Consumer Commission. In District Consumer Commission proceedings are faster and the  Commission has power to order arrest to builder and put he behind bad. This will have deterring effect on builder.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

You file case case either before the consumer forum or the RERA Tribunal for refund with interest. 

Devajyoti Barman
Advocate, Kolkata
23216 Answers
514 Consultations

You may lodge a written complaint with your State RERA authority and seek redress. Alternatively, approach the consumer court by engaging a competent lawyer and seek appropriate reliefs.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

You can file complaint in rera or approach consumer court 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

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