Buyers be aware: How some builders are subtly bypassing obligatory intimation of delay in possession

And here comes another one from the builder community:

As per UP Apartment act 2010, builders are supposed to intimate the buyers of delays in construction along with reason for the same.

Chapter II 4 2) (a) of UP Apartment Act 2010 states:

“Every promoter shall, specify in writing the date by which, construction of the apartment is to be completed subject to force majeure clause and intimation sent to such purchaser”.

While very rarely have builders communicated delays to their clients on their own, builders have very subtly introduced a way of communicating delays through specification of tentative possession dates on their websites.

A builder has even used this as a proof in consumer court to prove their allegiance to this clause of UP Apartment act.

It is hence imperative for buyers to keep checking the builder website on regular basis and (in case completion/possession date is mentioned) to respond back immediately to the builder asking for reasons for delay beyond promised possession date. Do mention the time by which you are expecting a response failing which the delay would be deemed unreasonable.

Comments/Feedback invited.

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Last Updated on April 28, 2015 by Go4Reviews