Consumer activist Jehangir Gai says, "Most builders never give the flat possession on time. Sending the legal notice can be taken as the first step to initiating legal proceedings against the builder/developer for delay in possession. In order to claim compensation from the builder for delay in delivery of possession when RERA is not notified by the state, you can file a consumer complaint against the builder. The sample complaint letter to builder below is a good example of the balance you are trying to find when writing a complaint letter. Builder’s Complaint Letter Last Updated On September 10, 2018 By Letter Writing A complaint letter is written to express one’s displeasure or discomfiture with poor quality work, delay in the project, pending work and to aim to receive a satisfactory remedy for the problem. For Delayed possession, one as a consumer can file the complaint against the Construction Company or builder either on his own or with the other buyers in a consumer court. View Document, Sample Gift Deed for gifting cash to son/daughter I have paid 80% of the amount and paying interest on it every month to the bank which is causing me a substantial financial burden. Once the letter is sent, the builder might speed up the process to take necessary actions, thereby saving you a lot of time and money. You are advised to approached Consumer Forum or RERA Authority (If applicable) and get possession of the building in “as is where is” condition and then seek damages/compensation for abnormal delay. There was a time when real estate builders could delay possession with impunity. As per our contract the project was supposed to get completed by January 2012. This removes a lot of back and forth about nothing productive, and helps both parties get to a resolution faster. No one in the building industry wants to issue or receive complaint letters (well at least not the ones you want to work with). Date of possession. 5) Take Action: If builder does not respond to the legal notice, you should either file a complaint in the consumer forum or file a lawsuit in the civil court against the concerned builder. This is where real-time software systems become really powerful. This post illuminates when a case can be filed against the builders and what may be the results of it. You always want to include information like who the letter is addressed to and who it is from. If you haven’t contacted me within ten days I will be contacting Consumer and Business Services to lodge a complaint. of understanding mou sample document, Separation This certificate of completion template can help you close out your projects smoothly and professionally. Save my name, email, and website in this browser for the next time I comment. But a builder often struggles to get this information from the site to the office, let alone in a professional format which they can send to a client. There are certain preliminary steps that can be taken to demand possession from the builder and one such step is sending a letter to the builder for the delay in transferring possession. Building and construction projects don't always go to plan, and many project and asset owner hours have been spent trying to pin blame on a specific builder, contractor or subcontractor. and attach the requisite documents with the complaint such as your allotment letter, payment receipts, builder-buyer agreement, notice to builder, etc. If possession is not delivered on time, a purchaser can send a notice to the builder, claiming the refund of the amounts paid along with interest and/or damages. Also, getting temporary relief, compensation and a settlement with the builder is easier. As a property buyer, you are authorized to file a consumer complaint against the builder regarding delay. for sale of a house sale agreement sample document, Security bond by a Like most things in life, when two parties want a mutually beneficial outcome, keeping them on the same page throughout is the key to avoiding issues - and to avoiding builder complaint letters altogether. Ltd. All Rights Reserved. Kindly let me know the final date of delivery of possession of my unit or else I would have to resort to taking appropriate legal actions against the company on account of the delays caused by you. Before taking any action against the builder for delay in handing over the possession, it is always advisable to send a letter to the builder giving him adequate time to respond. If the delay is due to any calamity, or situation which is beyond the control of humans, the buyer would not succeed in an action against the builder. Along with agreement builder also signed from me one Addendum and it's one point is buyer will not be compensated in case of delay in possession. The home buyer may also ask for timely delivery of property possession in case of delay if he/she does not want to cancel the booking. The complaint letter is hard enough news to follow, but not being clear on the problem can put the builder in an awkward position where they have to call to ask what they have done wrong etc. A promoter, who constructs or intends to construct such blocks of building of flats, shall specify in writing the date by which possession of the flat is to be handed over. If no action is taken or no repayment is done by the builder/developer within the number of days mentioned in the letter or notice, you can directly approach the court and file a case without any further communication with the builder/developer. 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