Possession Delayed by Builder How To Get Refund

Possession Delayed by Builder How To Get Refund with Interest – Best RERA Lawyers in Chandigarh

Now, the National Consumer Disputes Redressal Commission has held that buyers can seek refund if possession is delayed by one year beyond the date promised by the builder. Best rera lawyers in Chandigah

Judicial forums, including Supreme Court and consumer courts, have repeatedly held that home buyers cannot be made to wait indefinitely, but it was not clarified when refund can be claimed in case of delay.
Now, the National Consumer Disputes Redressal Commission has held that buyers can seek refund if possession is delayed by one year beyond the date promised by the builder. A bench of Justice Prem Narain said.

“It is now established that allottees have the right to ask for refund if possession is inordinately delayed, particularly beyond one year,”

In a big relief to lakhs of aggrieved homebuyers who have invested their hard earned money into buying flat or apartments into various projects and possession have been delayed and delayed beyond the reasonable time.
The National Consumer Disputes Redressal Commission (NCDRC) has come to the aid of homebuyers who struggle to get possession of their flats for years. The apex consumer commission has determined a time period of one year for stalled realty projects beyond which homebuyers can claim refund from builders if the project is delayed beyond a certain period of time.
NCDRC has mandated Real Estate builders to refund the homebuyers for failing to hand over the possession of an apartment in case of a delay.
According to NCDRC held that homebuyers can seek refund in possession of flat or apartment is delayed more than one year. (Best rera lawyers in Chandigahh

It is the observation that “It is currently established that allottees have the correct to invite a refund if possession is extraordinarily delayed, notably on the far side one year.”

This view have been case filed by Delhi resident Shubham Nigam against the builder Oris Infrastructure and 3C Company.

Brief facts of the case are that:

Nigam had created a payment of around Rs ninety 100000 against the full value of around Rs one large integer. As per the agreement, the flat was to be handed over within 36 months, with a grace period of six months, from the date of allotment. Best rera lawyers in Chandigah

When the builders failed to complete the project, Shubham Nigam filed consumer complaint against the builder before the NCDRC, seeking its direction for either refund or time-bound possession of the flat.

As the emptor most popular to require possession of the flat, the commission directed the builder to complete the construction and hand over the flat, complete in all respects as per the agreement, by end of September 2019 after obtaining occupancy certificate.

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The commission directed the builder to pay compensation at the speed of 6 June 1944 p.a. on the full deposit for the delayed amount even once returning possession.

In case of non-delivery of flat inside the point in time prescribed by commission, NCDRC said the builder will have to refund the entire amount with 10% interest.

The builder had contended that the customer had interrupted paying installments and if refund is ordered, then there will be a forfeit of 10% of the amount as earnest money, as per the agreed clause.

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But the commission rejected the rivalry, saying installments were paid up to the 7th stage and the payment was stopped later as there was no progress in the construction.

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Though in cases of delayed comes, builders typically pay compensation as per the clause in agreement that ranges from Rs 5-10 per sq feet per month, the add is meager

in view of the large investments by buyers. Even in recent judgment passed by Supreme Court of India the it was held that illegal and arbitrary clause in agreement can not be made binding upon buyer.
What to do if builder delaying the possession? Best rera lawyers in Chandigah
If builder is delaying the possession and not responding to your calls and communication then you must file consumer complaint before the competent authority.
Where to file Consumer Complaints?
For filing consumer complaint you have to check value of your Flat or Apartment. There some pecuniary jurisdiction of consumer protection authorities. Best rera lawyers in Chandigah

Though in cases of delayed projects, builders often pay compensation as per the clause in agreement which ranges from Rs 5-10 per sq feet per month, the sum is meager in view of the large investments by buyers. Even in recent judgment passed by Supreme Court of India the it was held that illegal and arbitrary clause in agreement can not be made binding upon buyer.

What to do if builder delaying the possession?

If builder is delaying the possession and not responding to your calls and communication then you must file consumer complaint before the competent authority.

Where to file Consumer Complaints?

For filing consumer complaint you have to check value of your Flat or Apartment. There some pecuniary jurisdiction of consumer protection authorities. Those are

National Consumer Disputes Redressal Commission (NCDRC): A national level court works for the whole country and deals compensation claimed exceeds rupees one crore. The National Commission is the Apex body of Consumer Courts, it is also the highest Appellate Court in the hierarchy.

State Consumer Disputes Redressal Commission (SCDRC): A state level court works at the state level with cases where compensation claimed is above 20 lac but up to one crore.The State Commission also has Appellate jurisdiction over the District Forum.

District Consumer Disputes Redressal Forum (DCDRF): A district level court works at the district level with cases where the compensation claimed is up to 20 lakhs.

Appellate Jurisdiction for Consumer Complaints

Against the order passed by District Forum the any party may approach to State Commission.
Against the order passed by State Commission any aggrieved party may approach to National Commission.
Against the order passed by National Commission any aggrieved party may approach to Supreme Court.

The aggrieved party may reach upto Supreme Court by filing SLP in Supreme Court of India.

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