Facing Builder Disputes Maharashtra – Know Your Legal Rights and Remedies to Resolve Promised Facilities Disputes Effectively
Booking your dream home, only to realise the promised swimming pool, gym, landscaped gardens, or clubhouse never materialise, is a harsh reality for many buyers in Maharashtra. These situations fall under builder disputes Maharashtra, where the builder’s failure to deliver promised facilities amounts to breach of trust and legal obligations.
This article explains how you can tackle promised facilities disputes, combat RERA false advertising, and seek rightful remedies under Indian law.
Why Builder Disputes Maharashtra Matter to You
Thousands of homebuyers in Mumbai, Thane, Pune, and Navi Mumbai are trapped in builder disputes Maharashtra. Builders advertise facilities they never deliver, despite having charged for them. Understanding your legal rights empowers you to hold such builders accountable.
1. Legal Framework Addressing Builder Disputes Maharashtra
- RERA – Real Estate (Regulation and Development) Act, 2016
RERA is the strongest safeguard for resolving builder disputes Maharashtra, especially involving promised facilities disputes and RERA false advertising.
Builders are required under Section 11(4)(A) to disclose project plans and specifications to buyers. Under Section 12, compensation must be provided for losses caused by false advertising or misleading promotions. According to Section 14, any changes to promised facilities require written consent from two-thirds of the buyers. If builders fail to deliver key amenities as agreed, Section 18 allows buyers to claim a refund with interest.
MahaRERA’s Order No. 57/2024 makes it mandatory for builders to specify delivery timelines of all amenities in the Agreement for Sale. Missing these timelines directly strengthens your case in a promised facilities dispute.
- Indian Contract Act, 1872
Your Agreement for Sale is a legally binding contract. Failure to deliver promised amenities qualifies as breach of contract, providing grounds to seek compensation.
- Consumer Protection Act, 2019
Builders are classified as service providers. Failing to provide contracted amenities amounts to deficiency in service and unfair trade practice, actionable before consumer courts.
2. Common Builder Disputes Maharashtra Faced by Buyers
- Missing or Undelivered Amenities
Builders frequently omit delivering facilities like clubhouses, gyms, or landscaped gardens after possession is granted, leading to promised facilities disputes.
- Deviation from Sanctioned Plans
Builders sometimes alter project layouts or reduce common areas, violating RERA mandates and aggravating builder disputes Maharashtra.
- Substandard Amenities
Even if provided, amenities might be of significantly inferior quality, creating a breach of trust and potential RERA false advertising claims.
- Delayed Amenities
Builders often delay handing over amenities for years, while charging buyers for their maintenance from day one.
- Overcharging for Undelivered Amenities
Buyers may find themselves billed for facilities that were never constructed, worsening their builder disputes Maharashtra.
3. Practical Steps to Resolve Builder Disputes Maharashtra
- Step 1: Collect Evidence
Gather:
- Brochures, advertisements, and website screenshots.
- Agreement for Sale, especially Annexure-I detailing promised amenities and delivery timelines.
- Photographs or videos proving non-delivery or substandard quality.
- Emails, letters, and communications from the builder.
- Step 2: Form a Group
If multiple buyers are affected, unite as a collective group or society to file a stronger joint complaint against the builder.
- Step 3: Send a Legal Notice
Engage a property lawyer to send a formal notice:
- Highlight undelivered amenities.
- Reference RERA sections and the Agreement for Sale.
- Demand timely completion or compensation.
- Set a clear deadline for compliance.
- Step 4: Explore Negotiation
If the builder responds positively, try resolving the dispute amicably through negotiation or mediation before proceeding legally.
4. Legal Remedies for Builder Disputes Maharashtra
- File Complaint with MahaRERA
- Raise grievances regarding promised facilities disputes.
- MahaRERA can direct builders to complete amenities, pay compensation, or refund payments.
- Penalties can also be levied for non-compliance or RERA false advertising.
- Approach Consumer Court
If suffering due to non-delivery of amenities, approach the Consumer Forum for:
- Compensation for harassment.
- Refunds for overcharged or undelivered amenities.
- Civil Suit
In severe cases, file a civil suit for breach of contract, seeking specific performance or monetary damages.
- Documentation Tips and Timelines
- Complaint Filing: File complaints within three years of identifying the breach.
- Builder’s Response Time: Legal notices generally require a response within 30 days.
- Keep Records: Store brochures, agreements, proof of payments, photographs, and builder communications securely.
Legal Advice: What Not to Do
- Do not rely on verbal assurances. Insist on written, registered agreements.
- Avoid delaying legal action. Timely response strengthens your claim.
- Do not sign vague contracts. Ensure all promised facilities and delivery timelines are explicitly stated.
When to Consult a Lawyer
Seek expert legal advice if:
- Builder refuses to deliver amenities.
- Legal notice goes unanswered.
- You wish to file a RERA, consumer, or civil complaint.
Professional lawyers specialising in builder disputes Maharashtra ensure you receive proper guidance, help draft complaints, represent your interests, and navigate RERA and consumer forums efficiently.
Conclusion: Protect Yourself from Builder Disputes Maharashtra
Builder disputes Maharashtra concerning promised facilities disputes are no longer battles you need to fight alone. Indian laws, especially RERA, provide you with powerful legal remedies. Stay proactive, document every promise, and seek professional help to enforce your rights and recover your hard-earned money or amenities.
Disclaimer
This article is intended solely for informational purposes and should not be construed as legal advice or a legal opinion on any specific matter. The contents do not create an attorney-client relationship and may not reflect the most recent legal developments. Legal outcomes can vary significantly based on individual facts and local laws. For advice Customised to your particular situation, please consult a qualified legal professional or licensed advocate who can assess your case in detail and provide appropriate guidance.
About Tigde Law Firm
Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.
Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.
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