Question: Builder and landlord dispute so can I take my money from the builder. Flats booked in 2009 ( not registered only have allotment letter full and final payment made by cheque) but the builder is still buying time. The plot is still under dispute between the tenants, the landlord and the...
RERA Cases
Our advice on: Property Law & RERA Cases
Builder is missing how to file a complaint against him?
Question: The Builder is not present at his place of residence therefore the summon has not been served upon him. How to file a complaint against a builder who is missing from his address? A complaint petition was lodged to RERA, ASSAM against Promoter vide Case No.RERA/ASSAM/COM/ in the month of...
Can builders charge interest on default of payment when there is no agreement to sell?
Question: I have paid 10% of the basic amount to the builder for the under construction property which comes under Rera. The builder has issued me the allotment letter and receipts of 10% paid amount. Also we have submitted the signed BBA from our side to the builder but the builder is not able to...
Builder cheated by making false promise: Can I claim refund?
Question: Builder cheated by making a false promise of giving possession in November 2022. However, possession is expected in 2025. I have booked an apartment in Chennai. During my site visit, I was welcomed by a salesperson who explained to me details about the project and showed me a timeline...
Possession without occupancy certificate
Occupancy certificate or completion certificate is an important document because it proves that the flat is fit for occupancy or living. It also proves that the builder has constructed the builder as per the permission granted by the competent authority. If a flat buyer takes possession in absence of occupancy certificate it may cause harm to his property rights.
Builder giving possession in another apartment
Builder cannot give possession in another apartment because it is a breach of agreement to sell. When the builder has signed an agreement to construct a particular flat for the buyer, later on he cannot unanimously decide to give possession in another apartment. The buyer has to decide whether he wants possession or claim refund of money from the builder.
Society has embezzled corpus fund
Corpus fund is constituted by the small contribution of the flat owners. This fund is necessary for maintenance of the property. The society’s bye laws explicitly makes provisions for expenses out of the corpus fund of society. If the former officer bearer of society has embezzled the corpus fund they have committed an offence.
Construction delay of Affordable Housing Project “The Millennia” Sector 37 D, Gurgaon
The Project "The Millenia" sector 37 D, Gurgaon is promoted by M/s. Signature Global Pvt. Ltd. In Sept. 2017 with the completion date of August 2021. The payment plan is time linked i.e. full payment is to be made by September 2020. We have paid 75% till date and not again a demand for 12.5%...
Builder causing a delay in giving possession
I booked a 1 BHK property in Navi Mumbai Taloja in 2013, all formalities were completed and I paid 20% and EMI started from May 2013. Now the builder causing a delay in giving flat. However, we haven’t received the possession and the construction work went on hold in 2015, post which the builder...
Builder is not returning my booking amount
Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July 2018 for clarification that what...
Claim refund of money against the builder under RERA
Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.