Saturday, November 2, 2013

What should I do if the builder has delayed the housing project or the delivery is not as stated in the builder buyer agreement?

Author: Sachin Gupta | Find me on Twitter

Hello, and very warm greetings for Diwali. During the past one week, our team spent time meeting with some of the customers, readers, real estate consultants. During our interaction with customers, we noticed that most of them were frustrated with the construction progress of their homes which they have booked with real estate developers. Recently, a study published by PropEquity also showed the fact that construction progress is slow and many a residential projects will be delayed considerably.



As we write this on Diwali, a festival of light and happiness, we believe, there is no point in getting frustrated with housing project delays or any other housing related issues. In fact, you should take solid steps to overcome your housing related challenges. We list few of them here:

1. Read the document carefully:
That’s right, even though you should have read the document carefully before signing the builder buyer agreement. You can still do it, read it now carefully. And look for penalty clauses which are stated in the agreement. Approach your developer and ask for the compensation as stated in the builder buyer agreement. Even though, this compensation will be pittance relative to what you would be paying to banks in form of EMIs. Still, claim it.

Also do not forget to check if there are any deviations in the project layout, project plan, size of the apartment, specifications, amenities, etc. If there are any deviations in any of these from what was stated in the builder buyer agreement then approach your builder and discuss the things in detail. Ask for compensation wherever applicable. If possible, take the help of your legal associates.

2. Form a group with other buyers:
Yes, you read it right. You are not the only one sailing in this boat. Visit the construction site on a regular basis and interact with other buyers who are visiting the site. Make a group and discuss the common issues and approach the builder. There is no better way of putting pressure on the developer than a group of buyers coming together. As a group, you can explore various options such as cancellation, shifting to other housing projects by the same developer which is nearing completion, legal action, etc.

3. Rate and review the project:
Now that you have thorough understanding of the real estate sector and ways of working of the property developers, share this with prospective buyers. You can easily rate and review your project at www.nirrtigo.com and alert the prospective buyers of the positives and negatives of a particular developer. Just like, you would like to read reviews for things such as cars, phones, etc. others are also interested in taking tips from you about the housing projects, real estate developers, etc. So, go for it.

4. Use social media:
Social media has enabled all of us in voicing our opinions and most brands whether big or small are always conscious of the fact that social media can make or break their position in the industry. Whatever you do, from forming groups to reviewing projects, keep sharing it on popular social media such as Facebook, Twitter, blog, and LinkedIn. In fact, you can always look to form groups on these social media channels as well.

5. Approach the relevant authority:
Once, you have a group of people who are facing the similar set of challenges as you. It makes sense to approach the relevant government authority. And recently, government of India has set up a Real Estate Regulatory Authority to protect consumer interests. Approach the authority for speedy adjudication of your disputes with the real estate developer.


Above all, be calm and keep discussing the issues within the group. With so many avenues for you to take recourse to, we are quite sure that you will be able to resolve your housing issues. Good luck!


Have any Questions?

23 comments:

  1. A good article which will help persons facing difficulties in getting delivery of the house/flat in time.

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    1. Thanks for the appreciation. If you found it useful, do share it.

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  3. Dear Friends,

    I am writing this to share my pain for all potential buyers who would like to dream their home in Suburban area or near to Mumbai. I book a flat in Kalyan West near Godrej Hill. The builder mention the name of Project in the name of a large branded Builder name as Wadhwa Group. However they are no where related with that. The real wadhwa group has website "http://www.thewadhwagroup.com".

    And this wadhwa group is functioning under "Sai Baba Construction". They are developing a Project in Kalyan West named as Wadhwa Heights. With a poor construction quality the Project is almost delayed for 3 Years.
    On discussion with The Builder they hardly commit anything. Promise to handover the flat next month turns into the 1.5 years now. The development progress is very much slow.

    I suggest all not to opt for this Wadhwa Group (Sai baba Construction).

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  4. I like your post. Very impressive way of writing....appreciate the great information about Social Media for Real estate. Keep posting similar article.Thanks…

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  5. Very nice and informative post. Thanks for sharing your knowledge about Social Media for Real estate.

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  9. Article is very useful. It is surely going to help people who are in the league. I have also read another article which is very useful. You can also refer to it:
    http://www.propertyclubindia.com/t/project-deviation-delays-and-other-customer-woes/877

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