Delayed delivery of unit
Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
My husband registered for an apartment in a project nearing completion in January 2014. The builder promised delivery in May 2014. When the property documents were verified by provident fund authorities for a fund sanction, we got to know that there were deviations in the project.
The builder, however, assured it was a minor issue and no problems would arise later.
But the month after registration, CMDA sealed the building. The builder appealed in the High Court and he was ordered to make modifications as required by the CMDA. The seal was removed in January 2015 and construction resumed at a slow pace. The builder asked for the balance of the flat cost assuring handover in two months, and my husband paid 90% of the cost.
In September 2015, the building was sealed again by the CMDA for non-compliance.
Although the construction was completed, the modification process is still ongoing.
While most other buyers were asked to occupy the completed flats before April 2016, we did not as the completion certificate and the CMDA approval is still pending.
My question is, under RERA, how can I get compensation for the delay in delivery?
How can I get justice for the advance payment done in January 2015?
The builder is silent on the issue. Until RERA came into force, my husband was not willing to approach the Court as they were no strong laws for buyers.
If the building was almost completed in 2016 and occupied as well, the project may not come under RERA. Till the completion certificate is issued, it cannot be said that the building has been completed in accordance with the approved plans.
You can approach the Consumer Court for necessary remedies either individually or collectively with other owners. Consumer Protection Act is capable of providing you appropriate relief.
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