A.
Dear Client,
According to sub-section 3 of Section 14 of the Real Estate(Regulation and Development) Act, 2016(RERA), in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of the promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act. Given the provisions of the governing Act, when the builder handed over the flats 3 years ago, he is still responsible and duty-bound to rectify the lapses as mentioned by you in your query and failing which, serving a notice to the Builder, you can file a complaint against him under Section 31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming appropriate relief and compensation for the deficiency in service and unfair trade practice. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the District Consumer Commission or the State Consumer Commission under the Consumer Compensation Act, 2019, claiming appropriate relief and compensation at par for the alleged deficiency and unfair trade practice along with the cost of litigation. The complaint before the Consumer Commission 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. If required, hire or consult with an Advocate for tailored advice and steps to navigate the issue in the right way.
Posted On 17-Apr-2025
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