Builder fails to deliver

Builder fails to deliver

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Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I am part of a 24-member buyer group. We booked apartments in the year 2011 and the builder assured us delivery by 2013. He entered into an agreement with the land owner to construct 24 units. Due to delays in the construction process, the said land owner took the builder to court and the project has been delayed since. We have been paying EMI’s for the last six years (collectively paid7.50 crore). Till date, the builder has completed around 50% of the construction on our side and 30% on the land owner’s side. The project is not registered under RERA. We have been promised a compensation (for the delay) by the builder but nothing has materialised. How do we proceed?

Madhusudhan

Chennai

The clauses in your agreements and the conduct of the builder will determine the action to be taken. Since the issues are common to all the buyers, it is advisable to deal with the same collectively by engaging a lawyer and taking appropriate legal steps against the builder.

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