Mistakes Made by Developers and Solutions to Such Mistakes

Dev Singhraha

Relocation Expert

Today with increasing demand in the real estate sector due to ever increasing population and rising needs of humans for buying such luxurious and spacious houses there are obvious chances of some malpractices to take place in this process where there are rising number of new developers in the market. It’s not always necessary that the developer stands by their promises which they made earlier.
There is various malpractice which takes place so let’s look at few of them and provided solutions to rectify such mistakes

Mistakes and antidote towards such mistakes

Construction without proper approvals: There are times when developers sell the property without taking necessary approvals from the authorities for the layout plan which leads to delays in projects and further it creates a problem in giving the possession to the buyers.so its necessary for the developer to have all the required approvals so that there could be timely completion of project.
Solution: where a developer has constructed the property without the required approvals so here at this place buyer has the right to file a civil suit against the developer for the refund for the invested amount. Buyer can approach the concerned authorities who was going to issue the statutory approvals can convince the authorities to force a developer to apply for those approval.
Construction on illegal land: In certain cases, the builder may acquire land illegally or by unfair means to construct the property. So there are certain ways in which buyer can get himself redressed.Solution: so in such a case buyer has the right to knock out the door of consumer forum or the civil court to claim the amount which has been invested by him or ask for the alternative accommodation from the same buyer.
Change in land use or layout plan: a developer cannot undertake any additional construction or neither can he substitute anything from the layout of the plan. If the developer makes any changes in the plan its necessary on the side of the developer to take the consent from all the allottee.Solution: if the developer makes any changes in the plan prior to the allottee’s knowledge then the allottee can file a complaint in the consumer forum or a civil suit. The buyer also has the right to file a complaint before the Competition Commission of India if the developer is a dominant position in the market.
Sub-standard work: in such situations, developers cheat buyers by using poor quality material while construction of property misleading the consumers by concealing the defects of the houses. Solution: during such situations consumer can head to the consumer court and can file a case regarding the deficit in the service provided. In many situations, the court may order the developer to compensate the buyer and eliminate the defects. The buyer also has other option of approaching for a civil suit claiming damages for breach of obligations.
Hidden charges: there are many reasons why there may be fluctuation in the costs of construction so to get those extra charges developer gets it from the buyer indirectly in form of hidden charges. If the developer keeps asking for such charges buyer may go for certain remedies.Solution: the buyer can file a civil suit and also has an alternative option of filing a complaint before the Competition Commission of India against the developer for misusing his position.
Cancellation of booking or project: there have been cases evolved where the builder cancels the booking or project in between.
Solution: allottee can send a legal notice to the developer and if he does not revert back with any solution then allottee can file a civil case or file a complaint in the consumer court buyer also has the option to file a criminal case against the developer.
Forfeiture of amount: if the agreement states that the developer has the right to forfeit certain booking amount then there is no legal recourse for such clause and the developer can forfeit that much percentage of the amount. But if nothing is stated than developer has no right to forfeit the amount and if it is done so, then the buyer can approach the legal route.Solution: the buyer can head to the consumer court for refund request if there is further delay than the buyer can ask the consumer court to get him compensation for the delay from the developer at the rate of 18 percent rate of interest.

Hence, one should always look deeply into such things while making an investment in the property so that there are no future regrets for the decisions made.

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