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Can Builder Cancel Affordable After taking full Amount
2 weeks ago
Can a builder cancel a unit allotted to me even after i have paid the full flat price on time. I have not paid just the allotment amount only which was way to high and no mention of same was in BBA.
A.Dear Sir,
You may file a civil suit and get suitable orders because the builder cannot cancel the allotment as you have paid full flat price.
You may file a civil suit and get suitable orders because the builder cannot cancel the allotment as you have paid full flat price.
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A.Dear client,
The builder is not allowed to do so, it your right to fight for your land. You can file a consumer complaint in the consumer court - District for deficiency of service
The builder is not allowed to do so, it your right to fight for your land. You can file a consumer complaint in the consumer court - District for deficiency of service
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A.Dear Client,
In the absence of any specific term Builder Buyer Agreement(BBA) a Builder cannot cancell an allotment of a flat outrightly on receipt of full or part of the price or value of the flat from the buyer that amounts to a breach of contract and unfair trade practices on the part of the Builder. If the housing project is registered under the RERA, then the homebuyer is empowered to cancel an allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. It binds the builder to return the money collected from the buyers within 45 days of such cancellation after deducting the booking amount. Section 31 of the RERA Act or Real Estate (Regulation and Development) Act, 2016 allows any aggrieved person to file a complaint with the Authority or the adjudicating officer for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter or builder. 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.
In the absence of any specific term Builder Buyer Agreement(BBA) a Builder cannot cancell an allotment of a flat outrightly on receipt of full or part of the price or value of the flat from the buyer that amounts to a breach of contract and unfair trade practices on the part of the Builder. If the housing project is registered under the RERA, then the homebuyer is empowered to cancel an allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. It binds the builder to return the money collected from the buyers within 45 days of such cancellation after deducting the booking amount. Section 31 of the RERA Act or Real Estate (Regulation and Development) Act, 2016 allows any aggrieved person to file a complaint with the Authority or the adjudicating officer for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter or builder. 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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