Delay in handover

Delay in handover

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

I purchased a 3BHK apartment and was promised handover in June 2017. I still haven’t received the unit and the builder anticipates more delays. I an unable to sell the flat as well because they haven’t got a completion certificate. How do I get back the money I have invested?

Vicky Jha


If the project is incomplete, the same should have been registered under Real Estate (Regulation & Development) Act as an ongoing project. You may file a complaint before the authority constituted under the Act for necessary relief.

I purchased a home in a popular gated community on ECR in 2012. I paid a fee of1 lakh towards clubhouse infrastructure separately. The builder committed to handover the clubhouse in 2013 but the said handover was done only in November 2017. The builder is now demanding a monthly subscription fee of Rs. 9000 and not taking into account the earlier amount I have paid. How do I resolve this issue?

Basheer Ahmed


The terms of the agreement entered into with the builder has to be looked into to see whether the builder is justified in appropriating the initial payment and charging a monthly subscription. In any case, since the issue is common to all the residents, you may deal with this through your association of owners.

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