Delay in Apartment delivery and Registration
1 month ago
Booking and Agreement: I booked an apartment in Casagrand, Chennai, on 30 Jan 2021, and signed the agreement on 12 Feb 2023. The agreement stated a delivery date of May 2023 with a 3-month grace period.
Extension Approval and Delays: Casagrand obtained a 1-year extension approval from TNRera in December 2022, citing reasons like Covid and floods. However, despite this extension, there's still no completion certificate as of March 2024, causing significant delays in possession.
Registration Issues: I requested registration of the apartment in February 2022 due to rumors of an impending increase in registration charges in Tamil Nadu. However, Casagrand denied registration, stating it could only be done after 95% of the payment completion, which has caused me financial inconvenience.
Financial Loss: Due to the delays in construction, registration issues, and subsequent revision in registration charges, I have incurred a financial loss of close to 2 Lakhs.
Legal Recourse: Considering the breaches of contract and consumer rights, I am contemplating filing a case in the Tamil Nadu consumer court. I seek guidance on the eligibility of my case and the appropriate steps to seek resolution and potential compensation.
In the given situation, when the housing complex is a registered project of RERA, then serving a legal notice to the Builder, file a complaint individually or collectively with other buyers who are equally affected by such deficiency against the Builder under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and delay 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 Protection Act, 2019 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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