I paid full amount for a flat in Asansol but builder is not registering it what to do

Detailed Legal Analysis

If the builder is refusing to register the flat despite the full payment being made, you can take several legal steps to resolve this issue.

Here are the steps you can follow:

• Review the Sale Agreement: Check the sale agreement for any clauses related to registration, timelines, and obligations of both parties. Look for any specific conditions that may affect the registration process.
• Send a Legal Notice: Draft and send a legal notice to the builder, demanding registration of the flat. The notice should include:
  • Details of the transaction, including payment made.
  • Reference to the sale agreement.
  • A deadline for the builder to comply with the registration request.
• Approach the Consumer Forum: If the builder fails to respond or comply, you can file a complaint with the District Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019. Key points to note:
  • File your complaint within two years from the date of the cause of action.
  • Attach copies of all relevant documents, including the sale agreement and payment receipts.
• File a Civil Suit: If the issue remains unresolved, you may file a civil suit for specific performance of contract under the Specific Relief Act, 1963. Important sections to consider:
  • Section 10: Contracts that can be specifically enforced.
  • Section 14: Contracts that cannot be enforced.
• Engage a Lawyer: Consulting with a lawyer who specializes in real estate or property law is advisable. They can provide guidance on the best course of action and help draft necessary documents.

Additionally, you may also consider filing a complaint with the Real Estate Regulatory Authority (RERA) if the builder is registered under RERA. Under the Real Estate (Regulation and Development) Act, 2016, you can seek redressal for delays in registration and possession.

Ensure you keep all communication documented and maintain copies of all documents related to your purchase for future reference in any legal proceedings.