Received sale deed draft from developer
3 months ago
I have received sale deed draft from developer for my plot in Hubli 7 months back, the developer keeps it pending for years and tells me that it is pending for e asthi and Reta registration so what do I do this is prolonging for years now and I am loosing my trust in them
A.Dear Client,
The delay without any cogent reason is typically considered a deficiency in service. The Developer delays registration of the sale deed on either pretext may be held deficiency in service once the matter is litigated before the concerned authority/forum. If the housing project is an approved project of RERA, you can file a complaint against the Developer for breach of contract and deficiency in service before the Adjudication Officer under Sec.31 of the Real Estate(Regulation and Development) Act, 2016 claiming compensation for inordinate delay in registration of sale deed of the property. You can also file a complaint under Sec.35 of the Consumer Protection Act, 2019 against the Developer for deficiency in service and unfair trade practice before the Dist. Consumer Commission claiming a direction to the Developer for registration of property in favour of the Purchaser and compensation for mental harassment. The complaint to the Consumer Court should be filed within two years from the date of the cause of action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an Advocate for serving a legal notice to the Developer and for guidance and steps.
The delay without any cogent reason is typically considered a deficiency in service. The Developer delays registration of the sale deed on either pretext may be held deficiency in service once the matter is litigated before the concerned authority/forum. If the housing project is an approved project of RERA, you can file a complaint against the Developer for breach of contract and deficiency in service before the Adjudication Officer under Sec.31 of the Real Estate(Regulation and Development) Act, 2016 claiming compensation for inordinate delay in registration of sale deed of the property. You can also file a complaint under Sec.35 of the Consumer Protection Act, 2019 against the Developer for deficiency in service and unfair trade practice before the Dist. Consumer Commission claiming a direction to the Developer for registration of property in favour of the Purchaser and compensation for mental harassment. The complaint to the Consumer Court should be filed within two years from the date of the cause of action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an Advocate for serving a legal notice to the Developer and for guidance and steps.
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A.It's concerning that the sale deed for your plot has been pending for an extended period, causing a loss of trust. First, communicate with the developer to seek clarification on the reasons for the delay and request a timeline for completion. Document all interactions and written communication. If the developer fails to provide satisfactory answers or continues to delay without valid reasons, consider seeking legal advice. Consult with a property lawyer to review your situation and guide you on the best course of action. You may explore legal remedies to expedite the registration process or consider other options, such as filing a complaint with the appropriate real estate regulatory authorities. It's essential to protect your interests and ensure the proper documentation of your property transaction.
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