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BUILDER DISPUTESDue to the vigilante mode taken up by Courts and Consumer Forums across India,and the widespread protests staged by buyers; builders and real Estate giants have come under the heat of constant scrutiny and criticisms. The current scenario depicts a spark that soon developed into a wildfire engulfing various builders in it and demanding action on the part of Government and judiciary. The hollow promises of builders giving hopes to investors regarding delivery of their dream homes and plots,and extracting huge amounts of money in this pretext,is at the focal point of the debate and the Govt has come up with severe backlash on builders who have committed fraud and ended false promises to buyers.If you invested your life’s savings in a property,and are made to run after your Agent and Builder for updates,and your delivery of possession is delayed,stop chasing them around. Take the one right step and see the law do the rest for you. WHAT OUR BEST BUILDER DISPUTE LAWYERS IN INDIA WILL DO FOR YOU• Hear you out and understand your problem.• Discuss with experts and draw up the best solution for you.• Draft a legal notice and send to the defaulting builder,attempt a settlement and get an assurance of timely possession.• Take legal action in case of further default or no satisfactory response.• Get representation in CDRFs,RERA,and civil courts,as required.• Get assisted by the best subject matter experts.Builders often resort to a balancing business technique,where they take money in advance from prospective buyers before construction has actually begun,and the process only begins at a later stage. The idea is to use this money in addition to other resources and sources like banks,to complete construction of the said plots,villas and apartments within the stipulated time and deliver possession of the same to the investors. However,the real scenario often depicts a different picture,and builders fail to deliver the promised time frame or worse,to complete or in some circumstances,begin construction even years after taking the first installments of money. The best builder disputes advocates in India have been assisting several buyers redressal against grievances against such builders and claim refund of the amounts they invested with the defaulters. The undercurrent of such moves depict a situation where Govt is intimidated to take steps against all builders in the market and enact legislations that encompass rules and regulations that govern real estate developers and their conduct of business. The RERA was enacted in 2016 by the Union Govt. with a series of Rules and Regulations that laid down by the Authority and in addition,the Courts and Forums are acting as torchbearers of justice for buyers. Some issues that drag the parties to Court where legal consultation could help:• Delayed Possession• Demanding more money at time of possession• Delivery of property from different features than promised• Issues with respect to carpet area• Illegal unaccounted cash payment demands• Huge advance payment demands• Defects in Titles and Documents• Demanding advance on units without Commencement CertificatesREGISTRATION REQUISITES UNDER RERA• The project must be registered under the RERA before advertisement,marketing,booking,selling or offer for sale,or invitation to purchase can be put forth. • Registration not required if the land being developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases; or if the completion certificate has been obtained before commencement of the Act.• The Govt has the discretion to reduce the threshold limit below 500 sq m if it deems fit.• Every different phase of a project shall be considered a stand-alone real estate project,and the promoter shall obtain registration under this Act for each phase separately.• The registration granted under this section shall be valid for a period declared by the promoter for completion of the project or phase thereof.The efficient builder dispute advocates in India will help you claim your rights against defaulting builders and sue them successfully for breach of these provisions and to penalize them for their faults.BENEFITS TO BUYER AND DUTIES OF BUILDERS• The promoter is responsible for the functions under the Act till the conveyance of all the apartments,plots or buildings to the allottees; or the common areas to the association of allottees or the competent authority.• The responsibility of the promoter with respect to the structural defect or any other defect shall continue for a specified period even after the conveyance deed of all the apartments,plots or buildings. • Responsibility to obtain the completion certificate or the occupancy certificate or both,from the competent authority.• Responsibility to obtain the lease certificate,where the real estate project is developed on a leasehold land,specifying the period of lease,and certifying that all dues and charges in regard to the leasehold land has been paid,and to make the lease certificate available to the association of allottees; • Responsibility for providing and maintaining the essential services,on reasonable charges,till the taking over of the maintenance of the project by the association of the allottees; • Responsibility to enable the formation of an association or society or co-operative society,as the case may be,of the allottees,or a federation of the same,under the laws applicable.• Execute a registered conveyance deed of the apartment,plot or building,as the case may be,in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority.• Pay all outgoings until he transfers the physical possession of the real estate project to the allottee or the associations of allottees. • After he executes an agreement for sale for any apartment,plot or building,he is under the duty not to mortgage or create a charge on such apartment,plot or building.• He shall compensate a person who makes an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus,or on the basis of any model apartment,plot or building,and sustains any loss or damage by reason of any incorrect,false statement included therein.• A promoter shall not accept a sum more than ten per cent of the cost of the apartment,plot,or building as the case may be,as an advance payment or an application fee,from a person without first entering into a written agreement for sale with such person and register the said agreement for sale.• The proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans,layout plans and specifications as approved by the competent authorities.• After the sanctioned plans,layout plans and specifications and the nature of the fixtures,fittings,amenities and common areas,of the apartment,plot or building as approved by the competent authority,are disclosed or furnished to the person who agree to take one or more of the said apartment,plot or building,as the case may be,the promoter shall not make— (i) any additions and alterations in the sanctioned plans,layout plans and specifications and the nature of fixtures,fittings and amenities described therein.• The promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to a third party without obtaining prior written consent from two-third allottees,except the promoter,and without the prior written approval of the Authority.• The promoter shall obtain all such insurances as may be notified by the appropriate Government,including but not limited to insurance in respect of — (i) title of the land and building as a part of the real estate project; and (ii) construction of the real estate project. • He is liable to pay the premium and charges in respect of the insurance and shall pay the same before transferring the insurance to the association of the allottees.• The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority,and hand over the physical possession of the same to the allottees and the common areas to the association of the allottees or the competent authority,and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under the local laws.• If the promoter fails to complete or is unable to give possession of an apartment,plot or building in accordance with the terms of the agreement for sale or on the date specified,he shall be liable to return the amount received by him in case the allottee wishes to withdraw from the project,along with interest and compensation.• If an allottee does not intend to withdraw from the project,he shall be paid interest for every month of delay,till the handing over of the possession. REMEDIES AVAILABLEAn aggrieved investor can approach either the Consumer Forums or the Courts with Jurisdictions seeking remedy for the loss suffered due to the negligence of the Builder,and the current trends of the Courts show that the judiciary is in favour of buyers who have been cheated by promises of builders. Builder Disputes Advocates will help you keep these points in mind:• Builder and Agents must be registered under RERA with the State RERA Authority.• 70% of the funds collected from buyers must be deposited in a separate Bank Account. • This fund must be used only for the completion of construction in time.• Developer cannot make changes to the plan without written consent of buyer.• All approvals for a new Project must be obtained prior to the launch.• If Project is delayed,Developer has to pay interest to the buyer for period of delay.• Property is to be sold only based o carpet area and not super built-up area.• Buyer could contact the Builder for any complaints on shortcomings within one year of taking possession. When an Agent approaches you in respect of a property,make sure with the help of legal consultation that:• Make sure your Agent is registered; only registered Agents can facilitate the sale/purchase of properties in a real estate projects.• Check the information on RERA Website in relation to the Agent,including Registration No and validity period.• Make sure he preserves books of accounts on all transactions,and maintains all other records and documents required• Complain to the RERA if the Agent tries to give you false information,and is not registered – he is then liable to be penalized by the Authority• If the Agent is a Company or a Partnership Firm,Officer in charge as well as company shall be deemed to be guilty of the offence.Several builders are under the strict radar of the Courts and Forums,following every activity and promises made to buyers; and ready to lash the Company and Promoters whenever buyers are being cheated with promises of delivery that are never in fact fulfilled. The right builder disputes lawyer can guide you through these points:• The builder is not supposed to go back in any promise or obligation undertaken to you by way of the Agreement between him and you (buyer),and in case of a breach,you can approach a Civil Court of proper jurisdiction for an injunction or damages or refund of amount. • As a consumer,you can also approach the Consumer Disputes Redressal Forum under the Consumer Protection Act,in case of a dispute with the builder; but the time period for this is 2 years from the date of the dispute.• If your builder has not delivered possession to you ion the promised date,you can approach the Consumer Forum for deficiency of services by the builder. Before that,you can try issuing a legal notice to the builder,and in case he takes corrective measures to address the matter,then you will be saved from the trouble as well.• If the buyer is charging exorbitant prices or exploiting you in other manner using his dominant position in the particular market,you can approach the Competition Commission of India in this regard. The Commission shall investigate into the matter and take penal action in case the builder of found guilty of abuse of dominance. However,the Commission cannot order any compensation to the aggrieved person,and only the Appellate authority is empowered under the Act to grant compensation along with the penal action. So if you are looking for monetary reimbursement,CCi is not to be your primary option. • Not to forget that you can always approach the regulatory authorities like the RERA (Real Estate Regulatory Authority) to complain against the defaulting builder,in cases where false promises are made and statutory compliances are not met. • If your builder has cheated you or induced you into investing using forged documents or false promises,then you can file a complaint under the IPC invoking the sections on Cheating and breach of trust. The builder,if found guilty by the Court,will be punished under criminal law as well.
1 YRS 26 YRS
1 Max
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Top Lawyers for Builder Disputes in India