Real estate is the fastest flourishing sector in India. In the last two decades, the real estate sector has seen tremendous growth and a lot of builders are investing a large sum of money in their dream projects.
Though there in an increase in demand, as well as the supply but most of the developers, fail to fulfill the promises that they have made during the first meeting. Delayed possession of the house has become a common phenomenon in the Indian real estate market.
There are few remedies which can help you if your builder is taking too long in providing the possession of the house. Though the Legal Action against builders is somewhat time-consuming but the overall benefits of the process make it worth.
The legal options
First of all, if there is a delay in the possession and the builder has denied providing the exact date for the possession, you can file a complaint in the consumer court. Alternatively, you can also file a civil suit against the builder for the refund of the total amount that you have paid with interest.
If the builder is a dominant entity and he is using his popularity to undermine your demands, you can also file a case against him in the Competition commission of India. CCI ensures that the competition in the market is fair and every supplier provides the best quality product to the customers.
Notable judgments by different courts
The Supreme Court of India has clearly said in more than one case that the service delayed is service denied. Though such claims do not cover the immovable properties but the role of builder comes under the ‘deficiency of rendering of the services’.
In a number of different cases, the Consumer Court has awarded compensation to the allottee and asked the builder to refund full amount with the interest up to 12 percent per annum. The National Consumer Commission has clearly mentioned in many judgments that builder does not have any right to deduct the amount from the refund as he has failed to provide the services.
With a little knowledge about the law and by keeping options to take Legal Action against builders in hand, you can survive the mental and physical harassment done by the builder and see him pay for his deeds.
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