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Isha Patil   12 June 2020

legal option against Builder !!

Dear All,

I need an advice about possible legal action against builder on below topic, pls assist me i will really thankful to you.

Almost a year back i got possession of 2 BHK flat in Pune and just few days back we noticed that difference in flat carpet area ( internal area, excluding balconies ) & its around 45 -48 sq ft in comparison with floor plan as per my agreement at the time of registration.

The same issue i discussed with builder engineering team and one engineer off the record confirm that some difference between actual plan ( As per agreement ) & engineering plan !!

Now i need to know any possibility for legal action because possession done almost year + back but still apartment is not handover to our corporative housing society.


Learning

 3 Replies

Virtual Legal Assistant (.)     12 June 2020

Greetings,

In a situation where a builder commits a breach of obligations as per the Agreement, various legal remedies are available to the buyers.

Following legal remedies are available in the present situation-

  • Approach Civil Court and file a suit for damages or recovery of the amount already paid thereof under the Code of Civil Procedure, 1908.
  • Within two years from the date of the dispute with the builder regarding the property, file a complaint under section 12 of the Consumer Protection Act, 1986 before the Consumer Forum for the deficiency in services on part of the builder under the agreement. As a homebuyer is considered a consumer as per the Consumer Protection Act, 1986 provided he buys the house for his own use and not for any commercial purpose.
  • Complain to regulatory authorities like RERA (Real Estate Regulatory Authority) against the non-compliance of statutory obligations imposed upon the builder.
  • File a criminal complaint under the provisions of the Indian Penal Code, 1860 for cheating, breach of contract.

Hope this helps.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     12 June 2020

Hello,

You can take legal action against builder. Send him legal notice and file complaint in consumer forum or RERA authority. You can claim compensation from builder due deficiency in service. You also have option to approach local police station and file complaint against the builder.

 

1 Like

Isha Patil   12 June 2020

Thanks Rohan Sir & Shirish sir for reply and now in will immediately take this for forward

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