My builder did not provide me the flat as promised by him. What are the legal actions can I take?
The judgment of Supreme Court in the case of Lucknow Development Authority v/s M.K.Gupta, the Hon'ble Supreme Court clearly states that a builder who constructs a house or hires the services of a contractor to develop a property is engaged in the act of providing service to his customer, and for which he is getting monetarily compensated is a service provider. Hence, such a builder is liable under the clauses of Consumer Protection Act, 1986, So if he denies or delays in providing the possession to the consumer, can be sued by the consumer but before approaching the court, the consumer is required to give a legal notice to the builder for providing the possession and if he still defaults then approach the court under civil law or consumer protection Act.
The Real Estate Regulation Act, 2016 will enable buyers who have invested in real estate projects to secure interest at 10.9% per annum for delayed possession and the builder has to refund within 45 days.