Delay in handover
Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
In November 2012, my son booked a flat in a multi-storied apartment complex at Kelambakkam, OMR. As per the original agreement, the flat was to be handed over in January 2016. After several revisions to the committed dates, the last commitment made by the builder in mid-2017, was to complete the handover in July 2018, an overall delay of 32 months. As per the builder’s demand, we have paid all the EMIs totalling to Rs. 33.36 lakh.
Reviewing the present situation, it is clear that he cannot handover the flat by July. We decided to cancel the booking and demanded a refund of the entire amount. On not receiving any response, we filed a complaint with CREDAI on December 2017, but it was not acknowledged by the builder. After two reminders, they acknowledged our complaint on January 6, 2018, but there hasn’t been any improvement in the matter. How do we proceed?
You can, either individually or collectively with the other owners, approach the Consumer Court or the authority constituted under RERA (as applicable in your case) for necessary reliefs.
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