Dear sir, I had booked the flat from a builder on 24/06/2013 and registration is done on 27/11/2013. As per registration, date of possession was 30/06/2015 but due to financial dispute in two partners the construction of building was stopped at 5th slab out of 8 slabs. As on today 28/11/2016 the builders saying to increase two floors but in agreement it was mentioned of 7 floors only. I have paid them all amount upto 5th slab,as per installments of 7 floor building. The construction was held up from 26/09/2015 and now it is starrted from 26/09/2016 but very slow in pace. Yet I am not sure that building will be completed by them as no required funds with them and lack of labourers. As per their verbal commitment, they saying to completethe building in Oct 2017 but not giving possession letters. Please guide me to claim my amount paid to builders Rs. 1305400 out of Rs. 2008125 and compensation against the loss of time and not getting flat and against mental harrasement. Thanking You.
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1) if builder has failed to complete building on time you are entitled to interest for delay in delivery of possession
2) in alternative cancel the booking and seek refund of money paid by you with interest . also seek compensation for mental torture undergone by you
Sir, As per my study of these partners from 2 years, their intensions are not yet clear to complete the building and now this is 5th revision of completion. Also quality of work is very poor. They only showing us that work is in progress but no considerable output. is seen. As they are increasing 2 floors of building is a matter of stability of the structure. And we paid as per 7 storeyed building which now paid more compared to 9 storeyed building. Also workmanship and quality very poor. I had paid them via Homeloan and paying EMI @ 23500 per month uselessly as no guarantee of getting flat. How should I claim my losses of not having flat and still paying EMIs to bank.
1) you can before consumer forum claim rentals of alternative accommodation for the period of delay in delivery of possession
2) also claim litigation costs , compensation for mental torture undergone by you
The builder is not going to compensate the loss caused you.
So now the only option is to file case in consumer forum.
In the said case you can seek remedy of damages and compensation arising out this delay.
In such matters the consumer forum is most liberal and most of your reliefs sought for therein is likely to be allowed soon.
So do this asap.
Issue a lawyer's notice to the builders to refund the money as they are well past the delivery date set out in the agreement. The failure of the builder to deliver the possession within the time frame mentioned in the agreement is a breach of contractual obligations. If he does not refund the money even after the receipt of the notice from your lawyer then you can sue him for recovery of money with interest in the consumer forum.
You should go through the clauses for delay and compensation due to delay in completion of construction.
The sale agreement conditions would reveal the rate per sq.feet for the delay.
You can issue a legal notice to the builder seeking interest towards the delay beyond the permissible period or can even cancel the booking and advise him to refund the amount already paid owing to the inordinate delay as well as indication about the tentative date of completion of construction and handing over possession.
Failing to respond to the legal notice or comply with the demands made, you ,may drag the builder to the consumer forum seeking refund of the booking amount, compensation for the monetary loss towards the interest paid for the amount paid as advance etc, and for deficiency in service and mental agony you suffered due to this.
As they are increasing 2 floors of building is a matter of stability of the structure. And we paid as per 7 storeyed building which now paid more compared to 9 storeyed building. Also workmanship and quality very poor. I had paid them via Homeloan and paying EMI @ 23500 per month uselessly as no guarantee of getting flat.
How should I claim my losses of not having flat and still paying EMIs to bank.
In a landmark ruling, the National Consumer Disputes Redressal Commission (NCDRC) asked real estate major Unitech to pay buyers compensation at the rate of 12% per annum for delay in delivery of flats, overruling the builder-buyer agreement that had set the rate at 1.8% per annum.
The order came in a case filed by 24 buyers of a housing project, Vistas, in Sector 70 of Gurgaon. The buyers alleged that they had booked the flats in 2009-10 and delivery was promised in 36 months.
The NCDRC also ruled that any delay beyond the new deadline promised would draw a compensation of 18% per annum.
"In order to ensure that the opposite parties honour the revised date of delivery of possession, compensation in the form of interest at a rate higher than 12% per annum should be paid by the developer if the revised date of delivery of possession is not honoured," the judge said.
National Consumer Commission rules flat-buyer agreement not sacrosanct, builders enjoy unfair advantage.
Buyer can refuse flat if not built in time and get money back.
The apex consumer body further obligated a developer to pay extra money to compensate the buyer on account of appreciation in the land value and increase in the cost of construction, besides paying the interest on the money being refunded.
Thus you have full rights to claim your money back with interest in case you do not want to continue with the booking anymore.
Now you decide or consult a local advocate about proceeding through consumer forum and other procedures against the builder.