After an exhaustive property search and reviewing countless brochures, buying a house constitutes a substantial investment. Nonetheless, facing situations where a builder fails to deliver the promised amenities can lead to immense frustration. Consequently, it becomes imperative to understand your rights as a homeowner and know how to seek legal counsel. This article talks about the actions buyers can take when facing situations where a builder fails to provide the promised amenities.
Here are some remedies that can be taken if a seller cheats you with project token money
What to do if a builder doesn’t deliver promised amenities?
If a builder fails to deliver the promised amenities, as a homebuyer, you can take the following actions.
Go through the builder-buyer agreement
Carefully examine the builder-buyer agreement you have signed. Look for any clauses or provisions pertaining to the promised amenities and the builder’s responsibilities. If the agreement includes a clause regarding non-delivery of amenities, scrutinise it to understand your options.
Collect evidence of promises made
Collect any documentation or evidence that verifies the amenities promised by the builder. This includes advertisements, e-mails, brochures, or any written correspondence.
Talk to builder
Reach out to the builder directly to address the issue and convey your concerns. Clearly outline the amenities promised to you and inquire about the reasons for discrepancy. You can also request compensation for the delay, such as a refund, or discount. It’s advisable to contact the builder in writing (via letter or e-mail) to ensure you have a record of communication.
Consult lawyer
Despite sending repeated written reminders and making calls to your builder, if you still haven’t received the desired response, you may need to pursue a legal action. In such cases, seek legal advice from an experienced real estate lawyer. He can help you understand your rights and legal options.
Send formal notice
Your lawyer can issue a formal legal notice on your behalf to the builder. The notice should outline the promised amenities, the delay in delivery and any compensation sought. It should also indicate the intent to pursue a legal action if the builder fails to respond within a specified timeframe.
File complaint with RERA
If the builder does not respond to the legal notice, you can proceed by filing a complaint with the Real Estate Regulatory Authority (RERA). Visit the official RERA website, complete the complaint form, and submit the necessary documents. Ensure to provide all project details, builder information, and grievances to strengthen your case.
Take it to court
As a final option, you may take a legal action against the builder for breach of contract. This could involve filing a lawsuit in civil court to seek damages or compensation for the builder’s failure to deliver his promises. You can also file a complaint in the consumer court.
How to file a complaint online against the builder in consumer court?
Below are the steps to register your complaint in the consumer court.
Send notice to builder
Before lodging a complaint in the consumer court against a builder, the complainant must send a formal notice to the builder. If you intend to file a complaint against the builder due to non-delivery of promised amenities, it’s essential to inform the builder about the unfair practice. Allow some time for the opposite party to respond. If the builder fails to offer compensation or ignores the notice, you can proceed to approach the consumer court.
File a complaint
If you do not receive a response from the builder regarding your notice, you can file an online complaint with the consumer court. First, you need to create a consumer login on www.consumerhelpline.gov.in and register. After registration, login to file an online complaint against the builder. When submitting the complaint, you’ll be asked to provide personal and project-related details. You can also attach supporting documents to strengthen your case.
Pay fees
After completing the form, the complainant must pay fee to register the complaint with the consumer court. The transaction can be completed online.
Can a buyer seek monetary compensation for non-delivery of promised amenities?
Buyers in India can seek monetary compensation for non-delivery of promised amenities by the builder through the consumer forum. This recourse is supported by legal precedents and consumer protection laws in the country. According to a ruling by the Supreme Court, flat owners in India do not forfeit their rights to claim amenities promised by the builder even after taking possession of the property. This legal interpretation reinforces the notion that buyers have the right to demand the amenities they were promised during the property purchase.
Flat owners are entitled for compensation if the builder fails to provide promised amenities even after possession of the property. Buyers have legal recourse to seek monetary compensation for the builder’s non-compliance with the agreed-upon terms. Buyers should not hesitate to approach the consumer court or other consumer forums like the National Consumer Disputes Redressal Commission to seek redressal for grievances related to non-delivery of promised amenities. Buyers can rely on legal precedents and consumer protection laws to assert their rights and seek compensation for the builder’s failure to deliver promised amenities.
However, it is worth noting that while there have been several cases where buyers have been fairly compensated for the builder’s failure to provide promised amenities, the process of resolving disputes in court can be very time-taking and costly. It is always a good idea to first attempt to resolve the problem amicably before resorting to litigation.
Conclusion
When faced with the situation where a builder fails to deliver promised amenities, it’s essential for homebuyers to be aware of their rights and options. Starting with a thorough review of the builder-buyer agreement and collecting evidence of promises made, direct communication with the builder is advised. If resolution is not achieved through direct communication, seeking legal advice becomes necessary. This may involve issuing a formal notice, filing a complaint with RERA, or pursuing a legal action. By taking proactive steps and seeking appropriate legal recourse, homebuyers can assert their rights and seek the necessary redressal for the builder’s failure to fulfil their obligations.
FAQs
What should I do if a builder fails to deliver the promised amenities?
If the builder doesn't deliver promised amenities, review the agreement, gather evidence, and communicate concerns directly. Seek legal advice if necessary, considering options like sending a legal notice, filing a complaint with RERA, or pursuing mediation or legal action.
What actions can I take against the builder if promised amenities aren’t delivered?
Legal recourse involves seeking advice, issuing a formal notice, filing a complaint with RERA, exploring mediation or arbitration, and, if needed, initiating legal proceedings against the builder.
How can I ensure the builder fulfils his obligations regarding amenities?
To ensure the builder fulfils his obligations, carefully review agreements, maintain documentation, and stay in regular contact to monitor progress and address issues promptly.
What are my rights as a homebuyer if the builder fails to provide amenities?
Homebuyers have rights to seek compensation for delays or breach of contract and pursue legal action against non-compliant builders.
Can I terminate the agreement if the builder consistently fails to provide promised amenities?
Depending on the terms of agreement and the severity of the builder's non-compliance, you may have the option to terminate the agreement. Consult a legal expert to understand your rights and options in such a case.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at [email protected] |
Dhwani is a content management expert with over five years of professional experience. She has authored articles spanning diverse domains, including real estate, finance, business, health, taxation, education and more. Holding a Bachelor’s degree in Journalism and Mass Communication, Dhwani’s interests encompass reading and travelling. She is dedicated to staying updated on the latest real estate advancements in India.
Email: [email protected]
Related Posts
Builder-buyer agreement: Facts, terms and conditions, legality.
Can tenants stop paying lease rent due to COVID-19?.
All about Land Acquisition Act.
Madhya Pradesh RERA: About MP website, registration, grievances.
Income Tax Appellate Tribunal: Bare fact.
Supertech to raise over Rs 1,600 cr to complete stuck projects.
