Steps against builder for incomplete amenities Steps against builder for incomplete amenities

2 years ago

Hi,
I have booked a property in Bangalore and had given 20% of the amount to the builder. The property is in ready-to-move condition with a little bit of finishing that has to be done and is due for registration in the coming week. The property received OC two years back i.e. in Aug -2019 and still, 30% of amenities are in pending state. My question is what can be done before going for registration. Can I block some of his amount for incomplete amenities or If he doesn't agree, then can something be done under RERA after or before Registration.

Sidhaarth

Responded 2 years ago

A.You can insist to handover flat with complete ammenties and can refuse to go for registration. Since OC has already been received and builder is ready for registration hence RERA would not be effective. You can merely claim damages.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.The builder will not agree to it but if he agree then you can go for it.
If builder does not agree that means he have no intention to complete amenities so dont buy.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
As per RERA act if commitment by builder is not complete on the time given by them then you have right to stop the payment. And whatever amount paid by you before also you can charge interest on it for the delay in possession of the property.

If you find my answer helpful then please rate my answer. Thank you
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hey,
If the property isnt complete on time as promised by the builder than as per rera act the builder is liable to interest on the amount given by you if you paid the full amount. But under rera you can also stop the payment if work isnt complete or even terminate your agreement with builder.

If you find my answer helpful, please rate my answer. Thank you
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Madhulika Bhatnagar

Responded 2 years ago

A.You can start by sending the builder a formal complaint or a legal notice asking him to complete the amenities before registration. In case he fails to do so, you can approach RERA.

It is preferable for you to approach RERA before registration so that in the event the builder continues to be non-compliant of the RERA order you can cancel the purchase and get a refund through the authority.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.Blocking of amount is something that you and the builder have to agree among yourself and I am a bot doubtful that the builder will agree to that. Yes, certainly you can go to RERA or to the consumer forum even after the registration is over if the amenities are not completed as part of the agreement. In fact all of the owners can join together and file a case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFormalities to be done by landlords regarding tenants in Ghaziabad UP
Dear Client, Few metropolitan cities across the country have made police verification of tenants with local police stations mandatory for the landlord. Cities like Delhi, Bangalore, and Kolkata are a...
question iconFlat Purchase
Dear Client, In addition to the above, you need to obtain the following documents: Mother Deed Building Approval Plan Sanctioned Plan Copy Water & Sewage, Pollution, Electricity Approvals Commencement...
question iconRegarding undivided property
Dear Client, According to the Hindu Law of Inheritance, the paternal property that is undivided for at least four generations qualifies as an ancestral property and the coparceners have an equal share...
question iconProperty - Our share of property
Dear Client, A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. In ca...
question iconConfiscated phone
Dear Client, If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritten...