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RM Reports

Project Delays: Let’s Fight the Legal Way

project delay real estate realtymyths
“Project delays are the biggest pain for the buyers. They need to run pillar to post get even a concrete response from the developers. What should a buyer do? Should he cry over the split milk or take the legal route to fight for his right!”

project delays real estate realtymyths

Santosh Sinha

He had just graduated when he first came to Delhi to attend MBA preparatory course, recalls Rohit Sadanand. Working as Zonal Marketing Manager with a renowned FMCG company, Rohit is living in a rented apartment in Sector 29, Gurgaon. Though Rohit owns a 2BHK flat in a housing colony situated in one of the posh localities in Gurgaon; he is still waiting for the possession from the developer.  “We’re three colleagues who booked flats in this project in the year 2011. The project was scheduled to get completed by the year 2014”, informed Rohit. All the 1200 buyers of that project, including Rohit, have been protesting against the delay since last one year but could not get any concrete response from the developer. “Initially, we were soft to them, we never wanted any confrontation. After all, it is our home that we are fighting for. But we did not get any clear response on project delays. When they did not give any ear to us, we were forced to come on roads and protest”, said Rohit.

This is the story of a home buyer who is forced to fight for his right. Ironically, thousands of people can relate to him and can sense the similar pain that they too are going through. they too are fighting agaist project delays. The issue becomes even more grieving when it turns larger than life. Rohit while sharing his distress, revealed, “My other two colleagues exited from the project but I could not. I wanted to marry a girl. It was her father’s only condition that I must have my own house. Today she is married to someone else and I am still unmarried, waiting for my own house. I am completely frustrated. It is now a matter of life to me”.  Indeed, there was a slowdown and developers faced hard times. Still, a project in which all the buyers have paid their full amount gets delayed is beyond explanation. In most of the cases, investors earn their profit share and exit the projects but the end consumers suffer as they invest in the project not for profit but to live the life in their home.

Real estate has been a highly unorganized market. Though RERA has been implemented to bring regulations, its success is a matter of time and may take years. in case of project delays, what a deceived buyer should do, where should he go for help? Let’s discuss the legal options a buyer has against these defaulting developers.

 – Unity is the best policy: Form your association and be in touch with everyone. Unity brings strength to protest. Choose one or two leaders among yourself to lead the charge.
Consult a lawyer: Discuss all the details with a lawyer and accordingly send a legal notice to the developer.
File cases in Consumer Court: Developers are not afraid of one of two court cases. Therefore, make sure that every buyer of the project files a case against him. This will panic the developer.
Keep Protesting: Though, protest does not matter to developers, it certainly dents their reputation in the market. Do invite media to cover your protest and make it reach a maximum number of audiences.
File case for compensation as well: Many times buyers only claim for their home. They are also entitled to compensation from the developer. Claim the expenses you occurred on protests, rents and the mental tension that you went through.

Buying a house is a lifetime achievement. It should not be spoilt due to others’ faults. Developers who make false claims and mislead buyers must be penalized. Thankfully, RERA has these provisions; it will take some time to make things fall in place.

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