Project delays, lack of clarity on actual carpet area, inferior quality of construction, some developers also duped buyers by building more floors than approved; some built clubhouses on the terrace (which is illegal) or built penthouses on the top-most floors in violation of the approved plan or not providing the occupation certificate. There are projects pre launched at lower prices to lure buyers while having no clear land titles or approvals in place.

Therefore, it is important that the buyers are made aware as to what remedies are available against the builders if they have been wronged.

The buyer/complainant can seek reliefs through legal resources. In cases wherein the construction has not even begun or is still in its initial stages, a complete refund of the amount paid can also be sought. If the court is satisfied that the builder is at fault and that the buyer has had to go through hardships due to this, it can order the builder to refund the entire amount, along with a direction for the builder to pay the entire cost the litigation. A buyer can also claim interest on the payment that has already been made to the builder till date.

The most common forum to bring an action against the builder for lack in services under the agreement between the builder and the buyer. The buyer is covered under the definition of “consumer” as defined in Consumer Protection Act 1986 where house is purchased for own use and not for any commercial purpose. In the case where any deficiencies arise in services as per the agreement with the builder, a buyer can file a complaint under Section 12 of the Consumer Protection Act 1986 within two years from the date of a dispute with the builder.

The buyer can also file a complaint with Real Estate Regulatory Authority under section 31 of the Regulation and Development Act, 2016. Under this act (RERA) if the builder has failed to give possession, then the buyer if he wanted to withdraw from the project, he can withdraw, and the buyer is entitled to receive the amount paid so far and along with the interest. The home buyer can also file a suit in the civil court for injunction/damages or can claim refund of the amount paid to purchase the flat and interest thereof.

One common advice that all experts share is that buyers need to remain vigilant and aware before making significant investments with developers. -Monishaa Mahajan, Principal Attorney at Legal Help NRI and an Expert in NRI Matters.