Best Lawyer for Builder Dispute Issue in Delhi/India

Disputes with builder


Overview

The real estate industry is one of the most flourishing. The increase in the demand for residential and commercial property has given birth to several builders and developers who offer or promise special features to attract prospective allottees without fulfilling the promises. The same has also developed a long ending fight between the allottees and the builders concerning the unfair practices followed by the builders and the delay in handing over the possession to the allottees thereby causing grave mental hardship and financial damage to the Homebuyer. Using the remedies provided by law, the allottees have been able to get back their money with interest or have been financially compensated besides allotment of flats. In case of delay in delivery of possession, the builders have been ordered to refund the amount paid by the home buyer with interest. 

All the hard-earned money of the individuals goes in vain when there is a delay in construction and handing over of possession by the builders. Your one-stop solution to this mental and physical trouble is Sabkuch Legal, where we will help you reduce your suffering by providing you with end to end support. Sabkuch Legal assures that any builder dispute issue you face is our concern.

Filing a complaint against any developer and builder in India, outside the purview of RERA, is now hassle-free and straightforward. Complainants are required to pay a nominal fee to file a complaint in the consumer court. Here's a step-by-step guide on how to file a complaint in Consumer courts in India. Raising any claim against any real estate in the era of digitalization has become simpler and more stress-free. 

Defaults by Builder and Remedies

  •  Substandard Work – if a builder uses sub-standard construction of a building or makes false, misleading representations about the condition of the house, then it is the denial of the facility or benefit of which a consumer is entitled to claim value. The remedies available to such buyers is to file a consumer complaint in the consumer forum against the builder for the defect in Goods. The builders will have to remove the defect and pay compensation to the allottee. A civil suit can also be filed, and damages for breach can be claimed.
  • Construction Without Approval – where the plots are sold without proper approvals, allottee can file a consumer complaint about the defect of goods and deficiency in services and also file a civil complaint and claim for damages.
  • Construction on Illegally Acquired Land - Where construction has been made on illegally acquired land, the allottee can approach the consumer forum or the civil court for his redressal. Allottee can either claim a refund or ask for alternate accommodation.
  • Fraud in Booking – where fraud has been made in booking, allottee can file a consumer complaint, civil complaint, and criminal complaint against the builder.
  • Change of Land Use, Layout Plan, and Structures Without the Approval of the Allottee – If there is any new construction that is not part of the layout plan in the time of executing the purchase agreement, consent of the allottee is necessary. In cases where the builder/developer makes changes in the use of land, the layout plan, or the structures concerning the one given in the agreement, the allottee must send a legal notice to the builder. If the builder does not respond to the same, the allottee can file a complaint against the builder in the consumer forum or file a civil suit in civil court.
  • Hidden Charges -  If the excessive hidden charges overburden the allottee in the agreement, the allottee can file a civil lawsuit in a civil court or the competition commission of India, if it can be proved that the builder is a dominant entity in the market and is misusing his position to the detriment of the allottee by unilaterally imposing exorbitant hidden charges.
  • External Development Charges – if the builder demands enhanced external developmental costs, the allottee can file a civil suit or the consumer case.
  • Cancellation of Booking/Project – if the builder cancels the booking after receiving and accepting booking charges, allottee can send legal notice and, in case of no solution, file a consumer complaint for the refund of the booking amount.
  • Forfeiture of Amount- if the agreement between the builder and allottee doesn't contain an explicit clause that the builder has right to forfeit certain percent of the booking amount, then the allottee can issue a legal notice to the builder. Allottee can also approach the consumer forum if the cancellation is on account of delay in the project's completion. The Homebuyer can also approach competition commission and get the one-sided agreement declared null and void.
  • Delay in Delivering Possession - the legal remedies available are –
      • file consumer complaint 
      • file civil suit for refund and interest thereon
      • file a complaint before the competition commission
  • Creation of Third-Party Interests - When the builder creates a 3rd party interest, the allottee can serve a legal notice followed by a consume complaint and civil case.
  • No Completion Certificate -  when the builder has not received a completion certificate from the authority, then the allottee can file an RTI application with the SPIO of the local Municipality demanding the copies of all the documents submitted, for seeking approval of the concerned authorities, can file the required NOCs with the relevant authority and can obtain the completion certificate himself. And if the builder has received such certification but unwilling to provide it to the allottee, the allottee can file a consumer complaint. 

Procedure

procedure for dispute with builder

Frequently Asked Questions

What action could be taken against the builder who is delaying possession?

The first course of action should always be to issue a letter in writing to the builder stating your grievance. Ensure that all assurances by the builder of giving you possession on such and such dates are provided to you in writing on the letterhead and under the seal of the builder. If it appears that the builder will not be giving you possession in an acceptable period, you may approach CREDIA for mediation.

How do I file a criminal case against the builder?

Criminal proceedings against builders can be initiated either by lodging a police FIR (First Information Report) or a direct criminal complaint in the Magistrate's Court. If the Police register an FIR, they will investigate the case and collect evidence to charge-sheet the Builder.

What Kinds of Criminal Cases can be filed against Builders?

Criminal proceedings against builders can be initiated either by lodging a police FIR (First Information Report) or a direct criminal complaint in the Magistrate's Court. If the Police register an FIR, they will investigate the case and collect evidence to charge-sheet the builder. In case of a complaint to Magistrate, the homebuyer must himself obtain all necessary documentary evidence to make out a strong case against the Builder.

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why choose us for dispute with builder

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