It is seen that real estate developers and builders delay the delivery of projects by months to years at a stretch. This results in monetary loss and mental harassment for buyers. We at Lawtendo, want buyers to know what legal actions against builders could be taken for causing the delay in possession of their property.
For this purpose it is important for a buyer to be aware of all those circumstances pertaining to which a legal action could be taken against the builder.
You can take a legal action the builder in the following cases:
Deliverables are substandard or are of poor quality.
The builder has no relevant permits by local authorities.
There was a change in land use, layout plan, and structures without approval by the builder.
The builder constructed the project on the illegally acquired land.
The builder is not providing Completion Certificate.
The builder cancelled your booking after taking the booking amount.
There was a fraud committed while booking the project.
There are some hidden charges involved.
A delay in delivery of possession from builders end.
There is a third party interest in the flat allotted created by builder.
The delay in possession of property has been one of the biggest concern for the buyers of the real estate properties. Thus a builder-buyer agreement signed between a builder and a buyer could prove beneficial in this case.
Filing a case in consumer court under the Consumer Protection Act, 1986 with help of consumer court lawyer in India against the builder for ‘deficiency in service’, a term defined in the Act could be a fine approach.
As a buyer, it is your right to claim refund for the property if delay in possession delivery is too long. Various states have special provisions to protect the interests of the purchasers. An expert advice from the domain specific lawyer can prove most beneficial on acquiring your rightful claim.
Once you send in a request, our representative will get in touch with you to understand your requirements
A list of all the documents shall be shared with you
On receival of the documents a legal notice will be drafted and sent to builder. If the builder fails to send a reply to the legal notice and does not resolve your grievance, you can file a case in the appropriate court against the builder.
The petition shall be drafted by expert lawyers and share for review with you for reference.
The draft shared need to be signed manually and sent back for filing of the case.
The filing of the case shall be initiated within 3 days of receiving the signed documents in relevant courts.
The lawyer shall present preliminary arguments before the relevant court.
Upon presentation of arguments by the lawyer, the court will ask the a party in opposition to file its reply.
Based on the opposition party’s argument a judgement shall be passed on the case.
- Sale deed
- Khata certificate or extract
- Mutation register extract- This specific document is for Gram Panchayat properties and provides the details of previous ownership.
- General power of attorney
- No-objection certificates (NOC)
- Sale agreement
- Possession letter
- Original Payment receipts
- Property tax receipts
- Encumbrance certificate- An encumbrance certificate is required to prove that the property does not have any pending legal dues or mortgages.
- Occupancy certificate
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