If the builder has not provided the amenities promised, you may consider taking the following steps:
- Review your agreement:
When reviewing the agreement, look for specific details about the amenities that were promised, such as the type of amenities, the quality of amenities, and the timeline for delivery. If the agreement has a clause for non-delivery of promised amenities, review it carefully to understand your options.
- Contact the builder:
It is best to contact the builder in writing (email or letter) so that you have a record of your communication. Be clear about the amenities that were promised and have not been delivered, and request a timeline for delivery. You may also ask for compensation for the delay, such as a discount or refund.
- Send a legal notice:
A legal notice is a formal communication that can be sent to the builder by a lawyer on your behalf. It should contain details about the promised amenities, the delay in delivery, and the consequences of not fulfilling the promises. It should also mention that legal action will be taken if the builder fails to respond or deliver the promised amenities.
- File a RERA complaint:
This means that a wide range of entities can file a complaint before the RERA if they are aggrieved by any act or omission of a promoter, allottee or any other person involved in a real estate project. For example, an individual homebuyer who has not received possession of their flat within the stipulated time can file a complaint before the RERA. Similarly, a co-operative society comprising of flat owners can file a complaint against a builder on behalf of the flat holders.
It is important to note that the complaint should pertain to a matter that affects the interest of the person or entity filing the complaint. it is advisable to consult a legal expert or a consumer forum for guidance on the procedures and requirements for filing a complaint before the RERA.
The RERA provides a comprehensive framework for regulating the real estate sector and protecting the interests of homebuyers. The provision allowing any aggrieved person to file a complaint before the RERA is a significant step towards ensuring accountability and transparency in the real estate sector. It is important for all stakeholders to be aware of their rights and responsibilities under the Act to ensure a fair and equitable resolution of disputes.
In the case of Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and Ors. v. DLF Southern Homes Pvt. Ltd. (2019), the builder and flat purchasers entered into an agreement to build homes within a stipulated time of three years and had procured the money from all the flat purchasers in advance. Upon the expiry of 3 years, the builder showed no signs of the completed flats. Therefore, the flat purchasers prayed that they be reimbursed with the money spent and that an additional interest be levied for the unnecessary delay. The RERA issued an order stating that When the builder does not handover the property within stipulated time without requesting any extension, then such action shall be monetarily penalized.
It is important to note that the process of resolving disputes with builders can be time-consuming and costly. It is always advisable to try and resolve the issue amicably with the builder before escalating the matter to legal action. If possible, seek the help of a real estate lawyer who can advise you on your legal rights and options. It is mandatory for the builder to give possession of a flat or property to the buyer on the agreed-upon possession date as per the terms of the sale agreement. Any delay in possession without a valid reason can be considered a breach of contract by the builder.
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