Builder has backtracked on delivery. What are my options for recourse?

Q: After investing in a project, and being promised delivery within a year, builder has backtracked.
It's been 5 years now, the builder wants to change the registered plan of the flat and reduce area significantly.
What are my options for recourse?

Srilata Mitra,

14th March 2015

Builder Review in Navi Mumbai

delay in possession

real estate navi mumbai

violation of the sanctined plan

change in floor plan

man valley vista

violation of the agreement

Follow Discussion

Also see discussions for

Navi Mumbai Builder Review Builder Review in Navi Mumbai

Replies (3)

I buy the properties in alibag they are offer very big properties so please visit
http://www.incrediblealibaug.com/

Narendra Wetkoli,

4th May 2015

Comment

Hey Narendra,
Can you tell me what are the options and it's sizes available in Alibag and what is the current price per square feet they are charging?

Ketalpujara, Mumbai

12th May 2015

Sorry, i forgot to ask the locality of the project and what is the ready reckoner rate is going on in the locality? Are all the basic facilities are nearby?

Ashish Bhoite, Mumbai

12th May 2015

Thank you for this gesture and offering legal support to the forum members. I am sure this will benefit all of us.

Builder cannot unilaterly change the area of flat in voilation of agreement. It is common plea by builder that Area has increased, how area can increase when the builder is as per plan approved and there can be no change in approved plan.

Delay in possession can be challanged by buyer in Civil Court and consumer Forum and suitable compensation as per agreement as suffering of the buyer can be granted by both the Courts.

N.Mathur, Delhi-NCR

16th March 2015

Comment

There is a compulsory provision whereby the builder must furnish copies of all approvals, permissions, plans, draft agreement and a current title certificate with detailed explanation of every negative comment by the advocate evaluating the probable impact upon the title wherever possible. The consumer must also be given a suitable window, say 30 days, to have the documents examine by professionals and be entitled to demand a refund with suitable interest if he finds any discrepancy.

Shantanu Kumar, Mumbai

16th March 2015

Comment

Similarly, a clear date for granting possession and compensation based upon market realities, even the builder fails to meet the deadline. No increases should be permitted on account of changes in costs of materials or labour. After all, the builder should carry the risks of increase in input costs just like any other businessman.

Manisbapu, Mumbai

16th March 2015