Home buyers in India are on a rampage and have taken to the streets. Their complaint? That developers have broken their promises and delayed delivery of thousands of housing projects, essentially leaving their customers homeless. If you too find yourself in this situation, here are 5 steps you must take immediately.
1) Hire a Lawyer And Take The Legal Route
When faced with project delays, take the legal route immediately. Consulting a lawyer will help you understand the intricacies of your case better and the developer will also be encouraged to take concrete steps to resolve the situation.
2) Let The Developer Know You Mean Business
After hiring a lawyer, send a letter to the developer stating your grievances and demands. This will make the developer aware that you are serious about the matter and that you are willing to fight it out. At this point, most developers will try to offer freebies and concession to make up for the delay. Let your lawyer guide you on what to do next.
3) Take The Case To The Consumer Court
If the developer doesn't take your complaints seriously, it is best for you to knock on the doors of the consumer court. Filing a case in the consumer court saves more time than filing it with the civil court. The legal fees are cheaper and you also don't need to be present at every hearing. What's more, the consumer courts have recently delivered a string of judgements in cases involving project delays, almost always favouring the home buyer.
4) Ask for Interim Relief
After filing a case in the consumer court, it is very important that you ask for the interim relief. This will serve two basic purposes. First the builder won’t be able to create a third-party interest on your house and second, he won’t be able to sell your apartment by making a new agreement.
5) Consider Filing A Criminal Complaint
If all else fails, use the Maharashtra Ownership of Flats Act (MOFA) and file a criminal complaint against the developer for not delivering the project on time. This along with the threat of imprisonment gives developers added incentives to complete their projects on time.
Edited by- Nikhil Narayan Sivadas