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KNOW YOUR RIGHTS IN CASE YOU ARE STUCK IN A DELAYED PROJECT

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“Why do buyers take for granted a year’s delay in project construction when the banks wouldn’t give any concession on the EMIs?” It is simply because we do not have a regulator in place and buyers are not aware of their rights.

1) In case of delay in delivery of possession by the builder, the legal options that are available to the allottee are to file a consumer complaint or file a civil suit against the builder for refund of the amount paid to the builder and the interest thereon.

2) In case of undue delay, the buyer can also file a complaint before the Competition Commission of India if the builder is a dominant entity in the market and using his dominant position to the detriment of the buyer. If the allottee is over-burdened by the excessive hidden charges in the allottee builder agreement, the allottee can file a civil suit in a civil court.

3) If the property is under construction, ask for approval of drawings and the plan of the project. You would know that the property is to be built on undisputed land. Also, make sure the carpet area with area left for balconies are marked separately. Price of the property including the proportionate price of common areas and facilities should also be indicated separately and the intervals at which installment may be paid.

4) Check for building by-laws in the area to verify any issue with setback, side setback and height. Confirm with the builder the finance related issues like transfer fees, stamp duty and registration charges to be paid on purchase of the property as well as outgoings to be paid for the property. This will help you to manage your budget.

5) you may engage a lawyer for a better insight.

 

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