Builder not providing NOC
5 months ago
Hello, I had booked a flat in Blore in 2017 and builder promised to deliver by Dec 2020. However, the dates kept moving forward earlier due to COVID and now without any valid reason. The builder has till date Dec'23 not handed over the flat but continue to push the delivery date. The builder has not compensated for this delay and now that I want to resale and ask NOC, builder asking to register the flat first then only I can resale. Can builder do this? What legal action that can be taken here?
A.Dear client,
Under the RERA act for delayed possession The interest decided is 10% of the amount invested by the buyer. If the builder fails to pay the required compensation, he can face a fine of up to 10 % of the estimated cost of the project or imprisonment for a term that may extend to 3 years or both. You have the legal remedy under section 31 of the RERA Act for the delayed possession.
And about the selling of the flat, even though you have bought the flat from a builder you have to register the flat otherwise, the property won't have any legal validity. So it is advised to give the builder a legal notice and ask for possession.
Thanks
Under the RERA act for delayed possession The interest decided is 10% of the amount invested by the buyer. If the builder fails to pay the required compensation, he can face a fine of up to 10 % of the estimated cost of the project or imprisonment for a term that may extend to 3 years or both. You have the legal remedy under section 31 of the RERA Act for the delayed possession.
And about the selling of the flat, even though you have bought the flat from a builder you have to register the flat otherwise, the property won't have any legal validity. So it is advised to give the builder a legal notice and ask for possession.
Thanks
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A.Dear Sir,
You may get issue a strong legal notice and approach Consumer Forum for compensation and also lodge complaint with Police as it is cheating.
You may get issue a strong legal notice and approach Consumer Forum for compensation and also lodge complaint with Police as it is cheating.
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A.Dear Client,
The delay in delivery of possession of the apartment to the Buyer in violation of the terms of the agreement amounted to a deficiency in service on the part of the Promoter/Builder. If the housing project is registered under RERA, then the Buyer of the apartment can file a complaint under Sec.31 of the Real Estate (Regulation and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the delay. The complaint may also be filed before the Consumer Court over alleged deficiency in service claiming compensation for delay and harassment within two years from the date of the cause of action, i.e, from the date of delay caused in violation of the terms of the agreement or on expiry of the date of extension of delivery of possession permitted by the concerned authority or denial of refund by the Developer. It may be noted that you cannot raise your complaint/claim relief simultaneously before the Consumer Forum and RERA for the same cause of action at a time. As regards the NOC of the Builder for selling the flat to others, it is to inform you that an Agreement to Sale does not confer any title of the property on the Buyer unless the same is registered in his favour through a deed of conveyance. So in the absence of a title, you cannot resale the property to others.
The delay in delivery of possession of the apartment to the Buyer in violation of the terms of the agreement amounted to a deficiency in service on the part of the Promoter/Builder. If the housing project is registered under RERA, then the Buyer of the apartment can file a complaint under Sec.31 of the Real Estate (Regulation and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the delay. The complaint may also be filed before the Consumer Court over alleged deficiency in service claiming compensation for delay and harassment within two years from the date of the cause of action, i.e, from the date of delay caused in violation of the terms of the agreement or on expiry of the date of extension of delivery of possession permitted by the concerned authority or denial of refund by the Developer. It may be noted that you cannot raise your complaint/claim relief simultaneously before the Consumer Forum and RERA for the same cause of action at a time. As regards the NOC of the Builder for selling the flat to others, it is to inform you that an Agreement to Sale does not confer any title of the property on the Buyer unless the same is registered in his favour through a deed of conveyance. So in the absence of a title, you cannot resale the property to others.
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