Action against Builder for Delayed Possession in Indore
Action against Builder for Delayed Possession in Indore
I understand that you’re facing a frustrating situation with delayed possession of your property in Indore by a builder. While I cannot provide legal advice, I can offer some general information and resources to help you navigate this issue.
Here are the potential actions you can take against the builder for delayed possession in Indore:
1. Understand your rights and the law:
- RERA (Real Estate Regulatory Authority) Act: This Act regulates the real estate sector in India and protects the rights of homebuyers. Under RERA, builders are liable for compensation for delayed possession. The specific amount of compensation depends on the period of delay and is capped at a certain percentage of the property value.
- Consumer Protection Act, 1986: You can file a complaint with the Consumer Forum under this Act, claiming “deficiency in service” due to the delay in possession.
- Domestic Building Contracts Act, 1955: This Act provides recourse in case the builder has breached the terms of the agreement regarding completion date.
2. Document everything:
- Gather all documents related to your purchase, including the agreement, payment receipts, communication with the builder (emails, letters), and any other relevant evidence.
3. Send a legal notice:
- Consult a lawyer specializing in real estate matters and send a legal notice to the builder demanding possession of the property within a specific timeframe and mentioning the legal consequences of non-compliance.
4. Explore legal options:
Depending on the builder’s response to the legal notice, you can consider the following options:
- File a complaint with RERA: You can file a complaint with the Madhya Pradesh RERA authority online or through their physical office.
- File a case with the Consumer Forum: If the value of your claim is less than Rs. 20 lakhs, you can file a case with the District Consumer Forum. For claims above Rs. 20 lakhs, you can file it with the State Consumer Forum or the National Consumer Commission.
- File a civil suit: You can file a civil suit in court seeking compensation for the delay and other damages incurred.
Additional resources:
- Madhya Pradesh RERA website: https://rera.mp.gov.in/
- Consumer Protection Act, 1986:
- Domestic Building Contracts Act, 1955:
Important points to remember:
- Seeking legal advice from a qualified lawyer specializing in real estate matters is crucial for navigating the legal process effectively.
- The specific course of action and legal options available to you will depend on the details of your case, including the terms of your agreement, the extent of the delay, and the evidence you have.
- Be prepared for the legal process to take time and effort.
I hope this information helps you explore the possible actions you can take against the builder for delayed possession. Remember, it’s important to act promptly and gather all necessary documentation to strengthen your case.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
