Real Estate Builder Buyer Disputes Lawyers

Builder Buyer dispute or home buyer dispute occurs when agreements on transaction between buyer and builder of flat or apartment are not met or violated by builder. These typically include delays in handing over possession, not completing construction, change of layout or plan, not refunding money etc. Buyer may also suffer losses due to EMIs, rent or other investments that gets blocked because of the dispute. Legally, these cases fall under the Consumer Protection Act, 2019 and under Real Estate (Regulation and Development) Act, 2016 or simply RERA. The Courts view such disputes as deficiency in service or unfair trade practice by builder. Buyer is entitled to seek refund, compensation or possession from builder based on facts.

Yes, one can certainly file complaint against builder in consumer forum or court under Consumer Protection Act, 2019. One can file such cases where there is deficiency in service provided by builder, delay in possession or unfair trade practice. Depending on claim value, District Consumer Commission, State Commission or NCDRC can entertain such cases. Consumer Court can direct builder to refund money to homebuyer along with interest for delay of possession. You can also claim compensation for mental harassment and legal expenses. Our lawyers often handle consumer cases against builders regularly because they provide an efficient remedy in real estate disputes. One can file case under RERA proceedings also, however complaints must be drafted properly with supporting documents.

Yes, registration under RERA is mandatory for builders of residential and commercial projects. This includes sale of lands or apartments by builders. There are certain area exemptions as mentioned under Real Estate (Regulation and Development) Act, 2016 for registering projects with RERA. Builders need to register their project before advertising or selling flats to homebuyers. Buyers should always check RERA registration before investing in property. If builder violates RERA laws, one can complain before RERA Authority and claim penalty or compensation from builder. If builder does not adhere to RERA orders, one can seek punishment from magistrate.

Yes, builder has to refund your money if they do not provide possession within stipulated time or reasonable period. You can claim refund along with interest and compensation from builder. Consumer courts or RERA allow delay in possession as a ground to ask for refund of flat. But this depends on specific facts and circumstances of each case. You can negotiate for refund or file consumer complaint. Many cases also grant compensation to buyers for mental agony and harassment due delay in handing over possession. One should evaluate feasibility of legal claim from lawyers before deciding to take refund.

Every consumer case is different and time taken will depend on number of hearings, evidence, plea of both parties and workload of forum. Typically consumer cases take few months to couple of years in District commissions. Cases in appeal stages take longer because of which consumers need to be patient. However, urgency can be sought in matters like temporary stay orders or further relief. Deliberate delays are caused sometimes if builder files continuous objections or appeals. Proper drafting and documentation speeds up case and avoid unnecessary delays.

Buyers have option to choose one of the forums and can approach either RERA or consumer court. RERA has jurisdiction over real estate projects whereas consumer courts look at complaints from buyers. Though the relief sought by home buyers are largely the same, there are differences in how cases are handled. Litigation under both forums can be filed simultaneously as well. Courts allow buyers to approach forum of their choice. Most cases are recommend to file RERA complaint first because real estate projects are regulated by RERA.

Builder not giving possession is treated like breach of agreement or deficiency in service. If builder unjustifiably refuses to give possession to buyer, then one can file case under RERA or Consumer forum. Buyer is entitled to seek compensation along with possession or can ask for refund with interest. In many cases, courts have awarded compensation to home buyers if builder failed to provide possession. Builder can be punished if they breach contract and don't give possession. One should take prompt legal action because delay may effect chances of recovery.

Agreement between builder and buyer is one of the most important documents required. Allotment letter, receipts of payments, bank statements, and timeline of possession are required. Buyers should save brochures of the project, advertisements, emails and communication over WhatsApp with builder. Registered office address of builder and RERA registration of project are important. If buyer has taken home loan, loan sanction letters and EMI details should be submitted. Documents related to investment prove that money was indeed given to builder for purchase of flat.

Yes, NRIs can file consumer complaints against builders in India. Indian laws allow NRIs to file builder disputes for delays in projects, fraud in construction or not adhering to agreement. NRI does not have to be present in person for all hearings, advocate can represent him if power of attorney is given. Majority of NRI complaints are from Bangalore, Mumbai, Delhi NCR or any metro city. Consumers can ask for refund of flat, compensation or can file suit to get possession of apartment. Cases can be filed under RERA law or Consumer Act by our lawyers.

Compensation can be refund of money paid, interest for late delivery of possession, compensation for mental harassment and litigation costs. Buyer can also get possession of apartment from builder along with penalty. Consumer forum can award maximum of Rs. 20 lakhs or claim amount (whichever is higher) as compensation. Builder disputes are generally decided based on terms of agreement, period of delay and degree of default. Buyers can approach RERA or Consumer forum and seek compensation. There is no standard compensation amount as it varies from case to case.

Legal notice is not mandatory before filing a consumer complaint against builder, but it is recommended. Sending legal notice will allow builder to settle the issue amicably and refund your money. Many buyers have got their money back by sending legal notice to builder. If builder doesn't reply, legal notice works as evidence that you gave time to builder to solve the issue. Courts tend to side with buyers if legal notice has been sent before complaint was filed.

Builder can cancel your booking only if mentioned under terms and conditions of agreement. They can cancel your booking if you don't pay installment amounts or breach any terms from your end. Builder does not have right to arbitrarily cancel booking or ask for higher registration fee. Consumers can claim compensation from builder if he cancels your booking illegally. Courts usually look at reasons if builder has any valid grounds to cancel booking.

Buyer has right to get his investment back along with interest if builder has stalled the project. Stalled project is a serious offense by builder and they can be heavily fined by authorities. Buyers can approach Consumer forum as well as RERA Authority to cancel the project. You can ask for refund of flat or file suit to force builder complete project and provide possession. Projects are stalled due to many reasons, don't lose hope as our lawyers have handled many similar cases.

Appeals are handled by higher consumer commissions against one given by lower consumer forum. Appeal against decision of District consumer commission is filed before State commission. Further appeals against state commission can be filed in National Consumer Disputes Redressal Commission. Although consumer disputes are handled by Consumer Courts at Supreme Court level in some cases. Appeals need to be filed within the prescribed limitation period.

Advocate BK Singh & Advocate Sadhna Singh can help you at each step including drafting of legal notice, RERA complaint, consumer court case and fighting your dispute. Our lawyers can guide you about the proper procedure and best possible course of action. We have helped many clients by settling their case or recovering refunds from builders. From drafting of initial notice to fighting your case in appellate stages, we represent you in front of RERA as well as Consumer forum. We even assist our clients for execution and recovery of orders from defaulting builders.