Some Important Points about the Delay in Possession:
Any person such as home buyer can bring action against the builders or developers if they fail to complete the building on time. There are different provisions under Indian laws such civil, criminal and consumer laws which can be used by the home buyers or any person who intends to buy home and made the payment of the home or flat.
Any person or an individual invests his money to buy a home or flat falls in trouble if they don’t get their home or flat on time because it is his hard-earned money which he is investing to buy a home or flat and not only this but the buyer also doesn’t get a roof over his or her head. He also ends up losing his money in the form of EMIs on the home loan and also pays rent for accommodation where he or she lives presently. So, there are many disputes arises when the buyer doesn’t get his home or flat on time. Actually, he suffers in this process if the building is not delivered on time. This is the reason why a buyer files a suit against any builder or developer in West Bengal.
Any person who is actually a buyer and victim of the unfair practices such as delay in delivery of possession can seek remedy:
- Buyer can file suit in the civil court
- He can file a suit in the consumer forum
- The buyer can file a suit in the Competition Commission of India
- He can also move to Regulatory forums for justice
- He can file a suit in the criminal court for criminal activities
Delay in delivering possession:
- When there is a delay in delivery of possession by the developer or builder, the buyer or allottee can file a suit before the consumer forum or can file a civil suit in the civil court for the refund of a sum of money paid to the developer or builder.
- When there is undue delay the buyer or allottee can file a suit before Competition Commission of India where the builder or developer has dominant power in the market and uses his dominant power or position over the buyer.
- The Supreme Court also provides relief to the buyer in this type of cases. Any allottee or buyer can file a suit against the builder in the Supreme Court.
- The buyer or allottee is entitled to get the amount back with reasonable interest from the developer or builder and if the builder or developer makes any deduction then it is unjustified as held by the National Consumer Commission.
If the building is not delivered on time then a buyer has the right to send a notice to the developer or builder stating the refund of a sum of amount along with interest or damages. And also the buyer can file a suit or complaint under the Consumer Protection Act, 1986 against the builder.
“Haryana Urban Development vs. Raje Ram on 23 October 2008
The respondent filed a complaint before the District Consumer Disputes Redressal Forum, Hissar in the year 1995 stating that 25% payment was made but the plot was not delivered within 90 days and the respondent paid the balance price also in instalments between 21/08/1987 to 16/02/1995. The authority or court gave them good and fair judgement. The District Forum directed to make payment at the rate of 18% per annum.
So, we can conclude that if any builder or developer makes any unfair practices such as delay in possession where payment is made by the buyer or allottee to the builder or developer then the buyer or allottee can bring action against them. There are many legal aids available to bring action against builders. There is civil or criminal or consumer court where any victim of such matters can get relief. Any person who is actually a buyer and victim of the unfair practices such as delay in delivery of possession can seek remedy under different provisions which are included in the state laws.