Stories
Missing Amenities? Homebuyers' Guide to Action Against Developers
- •Homebuyers can take action if promised amenities like clubhouses or swimming pools are missing after possession, as these are part of what they paid for.
- •The Real Estate (Regulation and Development) Act, 2016 (RERA) grants allottees rights to project information and places obligations on developers regarding advertisements and adherence to plans.
- •First, review all paperwork including the builder-buyer agreement, allotment letter, brochure, and emails to confirm what was officially promised.
- •Document missing amenities with photographs and videos, and check RERA registration details and sanctioned plans to establish what the developer committed to provide.
- •If the builder fails to resolve the issue after written communication, homebuyers can approach the state RERA authority or a consumer forum for remedies.
Key Questions Answered
Buyers should first verify paperwork like the builder-buyer agreement, allotment letter, and promotional brochures to establish what was promised. Next, take photographs or videos of the current site status and write a formal written complaint to the developer requesting a clear completion timeline. If the builder fails to resolve the issue, buyers can approach the state RERA authority or a consumer forum.
Under Section 18 of the Real Estate (Regulation and Development) Act, 2016, buyers have options depending on whether they want to stay or walk away. If they choose to continue with the project, the promoter is liable to pay interest for every month of delay until possession is handed over. Alternatively, buyers who wish to withdraw can seek a full refund along with interest and compensation.
Under Section 14 of the Real Estate (Regulation and Development) Act, 2016, promoters remain responsible for structural defects and specified issues in quality, workmanship, or services for five years from the date of possession. Buyers must report such defects in writing, and the promoter is required to rectify them within 30 days without charging the buyer.
