Possession of property is the ultimate step in realizing the dream of owning a home. Yet, many buyers in India face the frustrating problem of builders refusing to hand over possession even after full payment. The law provides multiple remedies to protect buyers in such situations.
Remedies Under RERA
The Real Estate (Regulation and Development) Act, 2016 empowers buyers to approach the RERA Authority. Builders can be directed to deliver possession within a timeline or refund the amount with interest. Compensation for delay and harassment can also be awarded.
Consumer Forum Approach
Buyers can also file complaints before Consumer Commissions, as refusal to hand over possession amounts to deficiency in service. Courts have consistently penalized builders in such cases.
Judicial Precedents
In Pioneer Urban Land v. Govindan Raghavan (2019), the Supreme Court directed refund with interest when the builder failed to deliver possession on time. The Court observed that unfair terms in builder-buyer agreements are one-sided and not binding on consumers.
Civil and Criminal Remedies
Apart from RERA and consumer forums, buyers can file civil suits for specific performance or even criminal complaints for cheating if fraudulent intent is shown.
Conclusion
Refusal to hand over possession is not just a breach of contract but a denial of justice. By using remedies under RERA, consumer law, civil courts, and precedents like Pioneer Urban Land, buyers can assert their rights and ensure accountability of builders