Possession with deficiency/without Amenities? A candid advice for end user

The advice below is mainly intended for end users who are living on rent and plan to shift to their flat/homes after possession:

Have you received possession of your flat with occupancy certificate but incomplete amenities? Are people suggesting to hold on to possession and go to consumer court or file a FIR against builder? Our candid suggestion is DO NOT GO FOR THAT ROUTE. We would have vouched for such efforts if the project is extremely delayed. But, if that is not the case, we suggest not to go for such options. This may be an advice contrary to what many may suggest but please read on why we are suggesting so.

Why not go for Consumer case or FIR?

Consumer courts are swift when it comes to cases pertaining to delay. But for the consumer cases pertaining to quality deficiency and/or lack of facilities and amenities, the judgments take long. There are lot of arguments and counter arguments possible, both substantiated and otherwise and hence the judgments in these cases are not inspiring. If we look at the history of consumer cases won, most are related to delay in possession. The others may take time to the tune of 2 years.

FIR on the other hand can get builder to act. But, getting an FIR done against builder itself is a challenge. You may end up spending money and a lot of time eventually through court visits which are more common and less fruitful in such cases when you are prospective resident and not an existing one.

What should be done then?

There are other options.

You can have an inquiry set up at Authority after meeting senior officials of group housing department.

Secondly, you can meet SSP of your region and submit your written complaint with them.

Go to media and ensure the lack of amenities and other deficiencies get reported.

While the media option is just towards building the case, the other two options are seen to add value recently with some recently delivered projects in sector 78 and expressway made to act from authorities in turn due to resident’s persistent pressure on the authorities.

Go for consumer court case once you have keys and possession formalities completed. If builder still doesn’t supress, go for FIR route which is much easier to do while you are a resident already.

Comments/Feedback invited.

Last updated: September 28, 2015 at 17:50 pm

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