What to do If Builder doesn't Give Possession on Time?

Author - Associate Runa Jasia

Possession of a Property can be called legal control over the property. It can be controlled over a property physically through legal paperwork. Owning a property makes a person financially strong and rich. Many times people tend to fight because of the ownership of the property. Even brother sisters tend to compete with each other because of property. People also do some wrongful things to take over any property. A property adds financial value to wealth. it can be land, home, flat, etc.

This delayed possession of the property can happen due to many reasons:                  

The buyer of the property does not give their time to possess the property and do the required paperwork. 

The seller delays the process further and does not give the full legal paperwork even after providing the required payment.

The seller denies in giving the possession of the property to the buyer and may give some threats.

But our Constitution of India provides a remedy for such situations and legal action against that builder or seller :

The Consumer Protection Act, 1986  

In the official website of the Government of India, it is mentioned: This is an act to provide for better protection of the interests of consumers and for that purpose of making provisions for the purpose of establishment of consumer councils and other authorities for the settlement of consumer disputes and matters connected therewith. It applies to the whole country except Jammu and Kashmir State. The Central Government of India has enacted this law. If builder does not give possession on time The buyer can also file a complaint about ‘deficiency in service' as defined under the Consumer Protection Act, 1986 against the builder. Many times builder delays in providing the delivery of the property. They violate the builder-buyer agreement by doing so. It is wrong to violate any clauses of the agreement, and the buyer can take legal action against that builder.

Even after providing money on time, when they deny the fact to hand over the delivery of the property with full paperwork than the person must take action against that builder. It takes a large amount of money to build a house or to buy a flat. A builder can ask for some more time but cannot refuse the delivery of the house. 

The Real Estate Regulation and Development Act of 2016

Every builder must register themselves with the regulatory authority. Every consumer has the right to file against the builder. As stated in the official website of RERA:

An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto. It is applicable for the whole country of India except Jammu and Kashmir State. 

If any real estate agent is not able to comply with or tends to contravene any of the directions or orders of the Authority, he shall be liable to be penalised for each day during which such continued default occurs, that may cumulatively go up to five per cent of the estimated cost of apartment, building or plot, whichever is the case, of the real estate project, the sale or purchase of which has been facilitated as per the directions of the Authority.

In case any real estate agent fails to comply with, or contravenes any of the orders, directions or decisions of the Appellate Tribunal, he shall be subject to a punishment with imprisonment for a term that may extend up to one year or with fine for every single day during which continued default occurs, which may cumulatively extend up to ten per cent. Of the estimated cost of the apartment, building or plot, whichever is the case, of the project, that is up for sale or purchase purposes, or with both.

One can take legal action against the builder or the seller of the property if builder does not give possession on time. But before going any further on the legal proceedings, one must talk with the seller or the builder openly and clearly. But even after many discussions and approach to them, they are not responding seriously then it's time to take further legal action against builder or seller.

It is the matter of a large amount of money and also people dream of their house, and it takes all of their savings to build or buy a house. It is always better to hire a lawyer or a real estate expert for this purpose and take legal action against the builder or seller if required .