DELAY IN POSSESSION: RIGHTS OF HOMEBUYERS

Delay in buying a flat, a house or any property from your hard-earned money can be very frustrating. Additionally, when the builder refuses to answer your calls and repeatedly delays the delivery of your dream home, it drains all of your strength, concentration, and peace.

delay

Given that the buyer has already made a large financial investment in purchasing the property, dealing with this issue is difficult. However, every home buyer in India is entitled to certain protections in the event that the transfer of the property is delayed. Here, we’ve covered a few connected legal remedies.

Legal remedies for delay:

delay legal remedy

1) You can send the builder a legal notice requesting a refund of your investment amount plus interest and damages if the property is not delivered on time. You can register a complaint for a shortcoming in service under the Consumer Protection Act of 1986 in this situation.

2) If the property is RERA approved, you should register a complaint with the state’s RERA body, requesting a return as well as damages for the delay.

3) A complaint may be made to the State Commission if the investment amount exceeds Rs. 20 lakhs. Additionally, it can be submitted with the National Commission if the buyer has invested more than 1 crore. The District Commission must receive the complaint if the investment is under 20 lakhs.

4) Homebuyers may also bring a regular lawsuit for a delay in property possession under the Indian Contract Act of 1872.

5) If the builder purposefully delayed the completion of the home and had been deceiving the customer from the start, a civil or criminal lawsuit may be brought against him or her. Make sure you gather adequate proof to back up your claims against the builder.

delay in home

Steps to be taken by the buyer to claim his rights in the event of property possession delay:

The buyer should carefully examine all the terms of the selling deed or other legal document before signing it. Additionally, it is crucial to investigate the builder’s financial position to ensure that, in the event of a delay in receiving the house, the money spent will be returned along with interest.

As a buyer, you must always invest your money into a home that has received RERA approval. Any claim amount may be filed for a complaint under RERA. A complaint against the builder, however, cannot be made if the occupancy certificate has already been issued.

 

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