Vijay Kumar 03 September 2021
Ananya Gosain 03 September 2021
Anon (Associate ) 05 September 2021
Ashwitaa Shetty (.) 08 October 2021
1. As per your query you have the following options:
a) You can take help of Consumer forum
b) Take help of RERA Authority.
2. You can refer the case of DLF Home Developers Ltd vs Capital Greens Flat Buyers Association wherein the Supreme Court held that even though exit option is given to flat buyers they would still be entitled to compensation for delay in handing possession of flats. Further, in the case of, Wg. Cdr Arifur Rahman and Aleya Sultana and Ors vs DLF Southern Homes Pvt Ltd. The Supreme Court had ordered penalty at the interest of 6% per annum on the cost of the flats to those buyers who were handed possession after a delay of two to four years. Also, an additional penalty of rupees 5 per square foot per month was also imposed. Both these judgements were passed after reversing the judgements of Consumer forums.
3. As per RERA, in case any payment is pending on your side, you can stop payment to the builder without the fear of attracting any penalty.
4. RERA allows the buyer to terminate the agreement in case of delay in giving possession.
5. In case of termination the builder will have to refund the money within 45 days and in case you do not wish for refund then interest can also be paid by the builder to the buyer.
6. Apart from the above, you may also approach National Company law Tribunal for Insolvency and Bankruptcy proceedings to be initiated against the company (which means you can apply for the company to be dissolved). The chances of receiving a good amount are high. However, it may take up to a year and it must be registered company. This remedy is useful in case of fraud or misrepresentation on the part of the builder.
7. You can also take help of criminal courts if builder is found guilty of cheating and dishonesty inducing delivery of property u/s 420 or criminal breach of trust u/s 405 of Indian Penal Code he can attract compensation as well as be liable for imprisonment.
8. Besides you can claim damages in the for the purpose of rent paid, mental agony caused, amount paid as a result of loan if any. Hope this answered your query.
Regards,
Ashwitaa Shetty