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.
An execution petition can be filed in the same Court for claiming the compensation as per the order of the Court.
Yes, the builder can be sued for the same under deficiency of service.
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.
RERA will be the appropriate authority if the project is large (exceeding 500 sq. mtrs or units more than 8).
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.
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.
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.
The buyer can approach Consumer Courts or the RERA Authority; both forums have concurrent jurisdiction.