This video is a brief discussion about what to do when builder doesn't give possession in time
If a builder doesn't give possession in time as per the Real Estate (Regulation and Development) Act, 2016 (RERA), you have certain rights and remedies available to you. Here's what you can do:
Check Your Agreement:
Review the sale agreement or builder-buyer agreement to understand the terms and conditions related to possession, delay penalties, and remedies available to you in case of delays.
Send a Legal Notice:
If the builder is not delivering possession as per the agreed timeline, you can send a legal notice to the builder demanding possession of the property within a specified period.
Ensure that the legal notice is sent through a registered post or through a legal representative to maintain a record of communication.
File a Complaint with RERA:
Lodge a complaint with the Real Estate Regulatory Authority (RERA) in your state against the builder for delay in possession.
Provide all necessary documents and evidence to support your complaint, including the sale agreement, payment receipts, correspondence with the builder, etc.
RERA has the power to impose penalties on builders for delays and non-compliance with the provisions of the RERA Act.
Seek Compensation:
Under RERA, if a builder fails to deliver possession within the agreed timeline, they are liable to pay compensation to the allottees (buyers) for the period of delay.
The compensation amount can vary based on the terms of the agreement and the specific circumstances of the delay.
Approach Consumer Court:
If you are not satisfied with the resolution provided by RERA or if your state doesn't have an active RERA authority, you can approach the consumer court to seek redressal for the delay in possession.
File a complaint against the builder for deficiency in service and claim compensation for mental agony, harassment, and financial loss due to the delay.
Consult a Lawyer:
It is advisable to consult a lawyer who specializes in real estate and property laws to guide you through the legal process and represent you effectively in case of litigation.
A lawyer can help you understand your rights, assess the strength of your case, and strategize the best course of action to seek timely possession and compensation from the builder.
Explore Alternative Dispute Resolution (ADR) Methods:
Consider exploring alternative dispute resolution methods like mediation or arbitration to resolve the dispute amicably without going through lengthy court proceedings.
A mutually acceptable resolution can be achieved through ADR methods, saving time, costs, and efforts involved in litigation.
Remember, it is essential to keep all communication, documents, and evidence related to the property purchase and possession delays safe and organized to support your case effectively. Always act promptly and seek professional legal advice to protect your interests and rights as a homebuyer under the RERA Act, 2016. #rera #रेरा #property #apartment #builder #buyer #cc #completioncertificate #flat
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