Swaty Verma
Asked September 29, 2016

Harassment by builder

  • 1 Answer
  • 201 Views

The building who is constructing our house is now harassing us. He says we cannot start shifting till the time he gives us possession and till the time we get the registry done for one floor in his name as per the contract

Answer 1

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Saurabh Kumar

When wronged by unscrupulous builders, homebuyers can either approach the consumer forums (district- upto 20 lakhs worth flat, state – 20 lakhs to one crore worth flat or national – exceeding one crore worth of flat, depending on the value or their apartment) or file a criminal suit.

Consumer complaints can be filed for delay in giving possession, faulty construction, wrongful calculation and pricing of super area (or common area), fraudulent agreements, additional (cash) claim for parking lots, delay in the registration of booked pro. In this case, you are clearly allowed to file a consumer case due to apparent delay in giving possession and fraudulent agreements- getting the registry done in the name of the builder.  Consumer courts are firmly bound by consumer protection laws of the land. These courts are not biased, but they give a fair and patient hearing to consumers. Consumer courts are relatively more protective of consumer rights and dispense good justice. 

 

There are options for consumers to apply for relief in Civil Courts too. Civil courts can give pecuniary compensation for up to `1 crore, which is much higher than the limits set for State and District Consumer Forums. Some advocates prefer Civil Court over Consumer Forum as the applicability of Code of Civil Procedure and Indian Evidence Act makes it convenient for lawyers to establish their cases.

 

Homebuyers would be even more protected against unscrupulous builders once States set up the real estate regulator mechanism, as propounded by the recently-passed Real Estate (Regulation and Development) Act, 2016 (or RERA).  In this case, the very act of forcing you to get the registry done for one floor in his name as per the contract is unscrupulous. Thus, you are advised to find out if such regulators have been set up in your state. You may consider filing a civil suit and approaching the regulators under Real Estate (Regulation and Development) Act, 2016 (or RERA). 

Agree Comment 0 Agrees almost 4 years ago

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