DELAYED POSSESSION DISPUTE WITH THE BUILDER If you’re amongst the lakhs of buyers who have invested a large chunk of your hardearned money into a residential or commercial project and the builder is nowhere close to finishing it anytime soon, here are a few recourses in which a property management lawyer should be able to guide you. The usual track record of timely completion and possession of flats or plots has been especially poor in metropolitan cities like Mumbai, Delhi, Pune, Gurgaon, etc. The list of delayed projects includes prominent builders like DLF, Unitech, Jaypee and Raheja Developers. The Apex Court has recently adjudicated that a buyer/allottee shall be covered by the definition of “consumer” under the Consumer Protection Act, 1986. It has been held that since the allottee doesn’t have a say in the business, any loss accrued to him because of the promoter, shall be compensated by the promoter himself. Further, in another recent case, the National Commission for Consumer Disputes Redressal held that in such cases, the allottee is entitled to refund, interest and depending upon the facts of the case any other compensation that the Court deems fit. If you’re looking to invest in a new property, here are a few points you should consider before you invest and also consult a property management lawyer1. There are less chances of a project getting stalled due to lack of funds if private companies or investors fund it. It is advisable to conduct the purchase through an attorney. 2. The buyer/allottee has the right to ask for construction schedule while making payments. If you haven’t been provided with one or the builder hasn’t asked for payment lately, there might be a chance of the project getting stalled. 3. The buyer has the right to ask for a copy of project drawings, stamped by the municipal corporation. In fact, you can also ask for plans and documents of common areas after the possession of the property. 4. The buyer can claim refund along with the interest in case the promoter fails to comply with the contract or the sale agreement. If you have faced a similar situation in the past, or are currently accruing losses due to the negligence of the promoter/builder, you can redress your problems as follows – 1. Before you approach any Tribunal, Authority or Court; serve a legal notice with the help of your property management lawyer, to the builder stating your grievances and the relief you are seeking.
2. Once the legal notice has been served, wait for a reasonable period of time for instance, thirty day. 3. In case you receive no response from the builder within a reasonable time or, the builder has denied relief, you can approach higher authorities. 4. The District, State and National Commission shall only accept complaints filed within 2 years from the date of the action or the cause of action under the Consumer Protection Act, 1986. 5. You can approach the District Consumer Disputes Redressal Commission with an application to hear your case. 6. The District Commission shall after examining the facts of the case, will pass an order, within three months. If you’re not satisfied with the order of the Commission, you can appeal before the State Consumers Dispute Redressal Commission. 7. Remember to approach the State Commission within 30 days from the date of the receipt of the District Commission’s order. 8. If, you feel that the State Commission’s order hasn’t passed a just order, you can further approach the National Commission with an appeal against the order of the State Commission by further consulting your property management lawyer. 9. An appeal before the National Commission should be filed within 30 days from the receipt of order of the State Commission. 10. If your problem has not been addressed properly by the National Commission as well, you can approach the Supreme Court of India by way of a Civil Appeal/Special Leave Petition seeking relief again by consulting your property management lawyer. 11. However, an appeal can be made before the Supreme Court within 30 days from the receipt of the National Commission’s order. 12. About all these nitigrities a common man is usually unaware off, hence a property management lawyer can help you. You can also seek relief under the Real Estate (Regulation and Development) Act, 2016. Under this legislation, the steps for redressal are – 1. If the promoter/builder hasn’t delivered what he had promised, you can approach the Real Estate Regulatory Authority by consulting your property management lawyer which is empowered to pass an interim order and impose penalties. It has the same powers as that of a Civil Court. 2. If your dispute hasn’t been resolved properly, you can approach the Appellate Tribunal within 60 days of receipt of the Regulatory Authority’s order. 3. You can further file an appeal before the High Court against the impugned order of the Appellate Authority. 4. At last, if all the above authorities have failed to redress your problem in a fair manner, you can approach the Supreme Court and seek relief again with hiring a property management lawyer.
BIBLIOGRAPHY FOR THE DISPUTE WITH BUILDER ARTICLE 1. http://timesofindia.indiatimes.com/city/mumbai/Builder-has-to-paycompensation-if-project-is-delayed/articleshow/47143531.cms visited on 7th March, 2017 at 1830 hours. 2. Bunga Daniel Babu v. M/s Sri Vasudeva Constructions [2016(4) KCCR 358] 3. The Real Estate (Regulation and Development) Act, 2016 http://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf visited on 7th March, 2017 at 1830 hours. 4. The Consumer Protection Act, 1986 http://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html visited on 8th March, 2017 at 1645 hours.
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