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1 yr ago

Helen DSouza asked a question

Can I take action against a builder as a buyer of a resale flat in under construction building.

Category : Consumer Protection law

views: 302followers: 1 answers: 5

Purchased resale flat in August 2016 wherein buyer (self) has to pay some amount against electricity deposit etc. Most of the buyers have occupied the flats without OC and water connection. Builder is not responding to my calls or my WhatsApp/email messages. Since I have not purchased directly from the builder can I take action against delay in possession. As regards contractual clause, builder has given an NOC to the 1st buyer stating "you have purchased the above-mentioned flat from our company vide sale agreement referred above. Hence, all the terms and conditions mentioned in the said agreement would be binding on the new purchaser.". 1st buyer had purchased in 2006.


  1. 12 mons ago

    Advocate PANDEY RAJEEV RANJAN
    Administrative & Public Law

    YOU NEED TO PURSUE BOTH CIVIL AND CRIMINAL REMEDIES AGAINST BUILDER AND AND FIRST BUYER BOTH

    Agreed (1)
  2. 12 mons ago

    Advocate SUNIL KUMAR
    Appellate Litigation

    Yes You can take action against Company, Builder and First buyer for delayed Possession in Consumer court for deficiencies of services and unfair trade practices  as well as Civil Court for breach of Contract. A criminal complaint can also be filed.

    Agreed (1)
  3. 12 mons ago

    Advocate Moinuddin Katarya
    Alternative Dispute Resolution

    Ys under many provosions

    Agreed (1)
  4. 12 mons ago

    Advocate Advocate Manish Kumar
    Administrative & Public Law

    you are subsequent buyer it means this flat was not purchased directly form builder by you. as per real estate law there is no question of first purchaser and second purchaser if flat is under construction. you have legaly right to take action against byuer from whom flat was purchased as well as give notice to the both party, first consult lawyer
    Manish Kumar 
    Advocate
    97******** Click here

    Agreed (1)
  5. 13 mons ago

    According to RERA(Real Estate Regulation Authority) in case of delay in possession of property beyond stipulated time and builder default, as per the agreement of sale, the buyer has the right to claim the refund of the amount paid along with the interest.
    Since you have not purchased directly from builder still you can take an action against the builder, you can serve a legal notice for possession of property  and secondly for compensation for delayed  possession of property beyond stipulated time. On no response from the builder you can prepare petition against him stating facts and evidences and file the petition against a builder in consumer court. Though buyers have the right to file complaint on the grounds of deficiency in service as it has been defined in Consumer Protection Act 1986.

    Agreed (1)

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