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.
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.
