How to deal with builder delay and denial to maintain the property?
The flat was ready in 2018 in Pune but builder refused to repair the leakage in bedroom. Even after several emails there was no confirmation of repair & no proof was ever sent. Also in aapna aap i get calls asking for permission to enter in my flat which I haven't got possession. The property tax is not paid by builder & the electric charges are also not paid by builder. Now builder is asking for balance payment with delay charges. The builder is not ready to clear electric bills & property tax. Since the repair work was refused I had stopped the payment & till date there is no answer from builder for repair work. Builder refused to pay property tax & electric bills stating it's not their responsibility. Builder is stating first you take possession & then we will see. now after several emails the repair work is not done so can't I get the entire paid amount back with interest. Who pays property tax if possession is with builder?
You can raise a complaint on the online portal of RERA for breach of obligations by the builder under Real Estate Regulation and Development Act, 2016. Also, File the complaint on the consumer forum for deficiency in service and claim a refund with interest and compensation for inconvenience caused under the Consumer Protection Act 2019. Recovery suit can be filed as a civil suit to recover the entire amount with interest based on the breach of contract and delayed possession by providing documents such as sale agreement, payment receipts, emails sent to the builder, proof of pending property tax and electricity bills, photos of the leakage in bedroom.
The court can order the builder to complete the construction according to your agreement or it may grant the builders a reasonable amount of extra time to complete the construction. The court can order the builders to refund the amount you have paid along with interest or penalty. The court will also then cancel your agreement with the buyer. Your agreement may contain a certain fixed penalty charge which the builder has to pay if they delay in handing over of the property. The court can order the builder to pay such penalty. If there is no fixed penalty in your agreement, the court may order the builder to pay compensation for the mental agony you have suffered or even for rent you might have been able to recover till the apartment is handed over.
Sir, we would like to suggest you that take everything on record for evidence and in case you have to file a complaint against the builder. And the responsibility for paying all taxes is on builder which also includes property taxes till the property is transferred to the buyer. For further legal assistance contact us on our helpline number.
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