If your builder has delayed the possession of your apartment for over two years, there are several legal actions you can take to protect your rights and seek compensation. Here’s a step-by-step guide on how to address this situation effectively:
Review the Agreement and Check the Possession Date
Start by carefully reviewing your purchase or sale agreement with the builder. Check the agreed possession date and any clauses related to delay compensation or penalties. This will help you understand the builder’s obligations and the remedies mentioned in the contract.
Send a Legal Notice to the Builder
If the delay is significant, you can send a formal legal notice to the builder, demanding possession of the apartment or compensation. In the notice, clearly mention the delay, how it has affected you, and your demands (such as interest, compensation, or cancellation with a full refund). This sets a formal record of your grievances and can prompt the builder to act.
File a Complaint with RERA
If the project is registered under the Real Estate Regulatory Authority (RERA), you can file a complaint with RERA. RERA was established to protect homebuyers and holds builders accountable for project delays. RERA can order the builder to provide:
Possession with interest for the delay or,
Full refund with interest if you no longer wish to continue with the purchase.
Visit your state’s RERA website, and submit your complaint with all relevant documents (agreement, proof of payment, correspondence with the builder). RERA generally resolves complaints within 60 days.
- Approach the Consumer Court
If the project is not registered under RERA, or if you prefer, you can file a complaint with the Consumer Court (District Consumer Disputes Redressal Forum). Delay in possession is considered a deficiency in service, which falls under consumer protection laws. You can demand:
Compensation for mental distress and financial loss.
Interest on the paid amount for the delayed period.
Refund of the amount with interest, if you want to cancel the booking.
The Consumer Court is a powerful avenue, especially for compensation claims, and judgments are enforceable.
Consider Joining a Group Action
If other buyers in the same project are facing similar issues, consider joining or forming an Association of Allottees and filing a collective complaint with RERA or the Consumer Court. Group action can add pressure on the builder and may lead to a quicker resolution.
Explore Civil Court Remedies for Large Investments
For larger investments and complex cases, you may consider filing a civil suit for breach of contract and compensation. This is often a last resort, as civil suits can take longer to resolve, but it may be an option for significant financial claims.
Seek Mediation or Settlement
If you prefer an out-of-court resolution, you can request mediation with the builder. Sometimes, builders agree to settle by offering partial refunds, alternative projects, or possession dates, which may be faster than court proceedings. Ensure any agreement reached is documented and legally binding.
Document All Communication and Payments
Throughout this process, keep detailed records of all communication with the builder, payments made, and any promises or assurances given. This documentation will strengthen your case if you need to pursue legal action.
Taking these steps will help you protect your rights as a homebuyer and hold the builder accountable for the delay. By pursuing legal action through RERA, Consumer Court, or other avenues, you can seek compensation or possession and hopefully find a resolution to this prolonged delay.
