I purchased a flat in a society I purchased a flat in a society

1 month ago

I purchased a flat in a society. The first builder provided delayed possession, taking 15 months longer than promised. Additionally, they sold illegal parking as an additional floor, which is now blocking access to the lift from the parking areas. The builder also failed to perform trimix in the two basement parking areas. Moreover, the quality of materials used, such as tiles and sanitary wares, is substandard. Can an individual lodge a complaint against them, and if so, how? Also now builder asking us to provide the place if we want to move those lift pass way parking's as there is no space available in society.

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Your major amount is with the builder so first try to enjoy the property by taking into possession of the property otherwise it will be very difficult to get the amount back from the builder.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In the given situation, if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then serving a legal notice, file a complaint individually or collectively with other buyers who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and deviation in construction. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice claiming compensation for harassment and cost of litigation and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court 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 experienced Advocate handling Consumer cases and RERA cases for guidance and steps.
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