Yes, a compensation can also be claimed if the builder is at fault.
FAQ Category: Services
If the builder has yet to start the project as per the time they gave in the agreement, can a buyer stop paying the outstanding instalment?
It depends upon the terms and conditions of the agreement. In general, the buyer can stop the instalment, and he can seek a refund of his instalments already paid from the Court due to the buyer’s delay.
What if the builder fails to give the refund as per the order of the Court?
An execution petition can be filed in the same Court for claiming the compensation as per the order of the Court.
Can the builder be sued for delivering a less-measured house, as stated in the agreement?
Yes, the builder can be sued for the same under deficiency of service.
Can the buyer himself approach these redressal forums?
While you can approach both forums independently, it is advisable to engage a property lawyer. Only an expert can send a well-drafted legal notice and complaint substantiating your claim in the Court of law.
How do I know if my cause of action falls under the jurisdiction of RERA?
RERA will be the appropriate authority if the project is large (exceeding 500 sq. mtrs or units more than 8).
Should the buyer go to RERA or the consumer court first?
RERA might be a quicker way to resolve issues (within about four months), and it focuses on helping buyers and giving compensation. So, it can be a comparatively better choice.
On what grounds can the buyer approach the concerned authority for redressal?
Various grounds include Poorly constructed buildings, non-compliance with the agreed-upon layout, specifications, and structure, failure to provide promised parking space, overcharging compared to the initial agreement, imposing undisclosed hidden charges, lack of proper documentation, etc.
Why is it essential to file a complaint against a property developer?
Filing a complaint helps protect your rights as a property buyer. It is a mode to address issues like faults in construction, charging hidden fees, not delivering what was promised and getting redressal.