Legal Notice To Builder

A Legal Notice is an official correspondence to a person, company or any other entity informing that their action or lack of action has caused some form of violation of sender’s rights and some remedial enforcement is required from the receiver’s end. In case of no remedy, the sender may resort to a legal action in court.

In case a builder or property promoter causes delay in delivery of flat possession, home buyers can send a legal notice to the builder asking for a refund or timely delivery of property possession. For a stronger case, home buyers must send a legal notice in writing to the builder before filing a complaint with the Consumer Dispute Resolution Fora or the RERA Authority.

Send A Legal Notice To Builder For Delayed Possession
At INR 2499

What You'll Get In The Package

Inclusion

  • Telephonic consultation with the lawyer for 20 minutes.
  • Drafting of legal notice to builder.
  • Sending of legal notice to builder.

Exclusion

  • Any legal action in furtherance of notice.

Documents required for drafting a Legal Notice

  • Details about the sender and receiver.
  • Any documents supporting the claim.
  • Facts of the matter that led to sending of notice.
  • The legal remedy sought from the builder.

Procedure to draft a Legal Notice

Once the documents/information are provided, the expert property lawyer drafts a legal notice to be sent to the builder. The legal notice draft lays down the relevant information relating to the grievance and a demand for prompt action or compensation for delay in possession of flat. The notice is approved and sent to the lawyer via registered post or speed post.

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FAQs

Where to file a complaint against the builder?
A complaint against the builder can be filed in form of a consumer complaint with the appropriate consumer court- with District court if the total value of the case is less than Rs. 20 lakhs, State Commission if the total value of the case is more than Rs. 20 lakhs but less than Rs. 1 crore or National Consumer Dispute Resolution Commission (NCDRC) if the value of the case is above Rs. 1 crore. Under the RERA laws and rules, a complaint against the builder can be filed with the State RERA Authority having jurisdiction over the area where the property is situated.
Which laws deal with delay in possession of flat?
The laws that enable a home buyer to file a complaint against builder for delay in flat possession are the Consumer Protection Act, 1986 and the Real Estate (Regulation And Development) Act i.e. RERA, 2016. Different states, however, have different rules relating to RERA matters.
Is it mandatory to send a notice to builder before a legal action?
It is not mandatory to send a legal notice to the builder, but it is recommended by top lawyers that sending a legal notice before filing a complaint against builder significantly strengthens the case and may even lead to the builder providing a remedy without any need to involve the court.
Can I get a full refund from builder?
Yes, under RERA, 2016, a home buyer can claim full refund from the builder along with a 12% interest for the amount already paid to the builder.
Can a complaint be filed against builder for other matters?
Under RERA, a complaint against builder can be filed for the following matters apart from delay in property possession: 1. Substandard products or poor quality material used to construct the project. 2. Lack of relevant permits by local authorities. 3. Construction of the project on the illegally acquired land. 4. Fraud committed by builder in booking the project. 5. Change in land use, layout plan, and structures without approval. 6. Hidden charges or extra amount charged by builder. 7. Booking cancellation after receiving the booking amount. 8. A third party interest created in the flat allotted. 9. Lack of a completion Certificate.
What legal action can be taken against a builder?
After a legal notice is sent to the builder, the home buyer can file a consumer complaint against the builder with the appropriate court to claim compensation. A complaint with the RERA Authority can also be filed to order the builder to deliver the flat possession within the specified time. The home buyer can also claim a full refund of the amount already paid to the builder along with interest.
What is class action?
When 2 or more home buyers have the same grievance against a builder, they can file a combined suit against the builder as a group in form of a ‘class action’. A class action consumer complaint can be filed before the NCDRC when the total interest of the buyers reach more than Rs. 1 crore.
How much interest is paid in case on non-delivery of possession?
12% interest is paid in case of a complaint against delay in property possession with the NCDRC. However, this interest increases to 18% in case the delay goes beyond 12 months.