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UI need advice on how to proceed. Our society finalised a builder around 7 years ago. He seemed clean back then. There were some road cutting issues which delayed the project clearances and in the meantime builder was caught in many fraudulent schemes in his other projects including cutting corners and selling the same flat to 3 different owners.
19 other tenants vacated the building 2 years ago and I vacated around 13 months ago after the builder completed the RERA agreement. Post the agreement, builder quickly demolished the building but has not progressed any further for the last 6 months. It looks like he will miss the deadline of 2.5 years as promised and rent might be an issue later on. His 2 CCs have expired. The lawyer hired by society is decent but the society has not paid him as per his appointment letter (30% on vacating the premises) and he’s demanding his fees before moving further. Society stopped taking maintenance once the building was vacant so they’re unlikely to pay the lawyer any additional fees for following up on the builder. It seems that the committee is hand in glove with the builder and no one is really questioning the delay. They all even vacated the building without agreements.
What are my options? I am planning to hire a lawyer but broadly I would like to follow up on builder and see if he can actually complete the project. If yes, all is ok but if not, then do something about it. Given his track record, it’s best if we can replace the builder. But since majority is not bothered/suppressed by the committee, that seems unlikely. It would also be ok if I can come to a settlement with the builder and take my money and move out of the project. Can RERA be of some use here? Please feel free to ask any specific questions or details that might be relevant.
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PRERA complaint with builder and society in the loop to start with – see how it goes. Else if you dont want to go through RERA, you can hire a lawyer and go to court against the builder, making your society a party to the proceeding and seek specific performance of the contract signed by the builder or exit the project so that the society can move to other contractors/builders.
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UWhat does it mean to file a RERA complaint? And how should I keep society in loop? I would prefer through RERA since I presume the laws under RERA are stricter. NAL, please correct me if I’m wrong.
Should I go to the courts, how can I seek perfomance? I don’t think the contract specifies a detailed timeline of the project. It’s been around 12 months from commencement of the contract and the specified period is 2 years with a 6 months grace period. It is unlikely that it will be completed on time, but will this be sufficient proof? Realistically, I suspect the builder will cite that my case has resulted in a stay and I am responsible for the delay, makeing me the victim.
I don’t think the current committee will exit the agreement. They seem to be hand in glove with the builder. They were adamant on him no one really had another opinion. They sometimes hide information from the appointed society lawyer.
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