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Monday, April 14, 2025

What to Do When Your Builder Has OC But Won’t Give Possession – A Step-by-Step Guide - 12

 Introduction

If your builder has received the Occupancy Certificate (OC) but is still refusing to hand over possession of your flat, you have strong legal rights to take action. Delayed possession after OC is a violation of both your buyer agreement and RERA laws. Here’s a step-by-step guide on how to fight back and claim your rightful possession.


Step 1: Send a Legal Notice to the Builder

The first step is to formally demand possession in writing.


What to Include in the Notice:


Mention that the OC was obtained in January 2025 but possession is still pending.


Cite Clause 17 & 18 of your agreement, which requires possession to be given after OC.


Demand:


Immediate handover of the flat.


Compensation for delay (SBI MCLR + 2% interest as per Clause 15 + 10% penalty under RERA).


Give a 15-day deadline before escalating legally.


How to Send It:


Registered Post (for legal proof).


Email (with read receipt).


Step 2: File a Complaint with MahaRERA

If the builder ignores your notice, escalate to Maharashtra RERA.


Why RERA?


Withholding possession after OC is illegal under Section 18 of RERA.


You can claim interest + penalty for the delay.


How to File:


Go to the MahaRERA Portal.


Submit:


Copy of your agreement.


Proof of OC (if available).


Payment receipts.


Copy of your legal notice.


Step 3: Approach Consumer Court (NCDRC)

If RERA doesn’t resolve the issue, file a complaint under the Consumer Protection Act, 2019.


Grounds for Complaint:


Deficiency in service (failure to deliver possession).


Demand compensation + refund with interest.


Step 4: Consider Legal Action

If all else fails:


File a civil suit for "specific performance" (to force possession).


Approach High Court if the builder is acting in bad faith.


Key Points to Remember

✅ Breach of Agreement: The builder must hand over possession after OC (Clause 17).

✅ RERA Violation: Delaying possession post-OC is illegal.

✅ Compensation: You can claim interest + penalty under both your agreement and RERA.


Next Steps:


Send a legal notice immediately.


Preserve all communication (emails, receipts, notices).


Escalate to RERA within 30 days if no response.


#HomeBuyersRights #RERA #DelayedPossession #LegalAction #ConsumerRights


When Builders Go Silent: My Battle for Possession After Full Payment - 11

 

The Dream of Homeownership Turned Sour

For most of us, buying a home is one of life’s biggest achievements—a milestone filled with excitement and hope. But what happens when, after years of saving and careful planning, your builder suddenly stops responding? No updates, no handover, just silence—despite having every last rupee paid.

This isn’t just a hypothetical scenario. This is my reality right now.

Paid in Full, Then Ghosted

A month ago, I completed the final payment for my flat. The builder had assured a smooth handover process, so I expected prompt communication regarding possession.

Then, last week, I paid the entire annual maintenance charges upfront—only to be met with absolute silence.

  • No payment receipt for the maintenance fees.

  • No update on the possession date.

  • No response to calls, emails, or messages.

It’s as if they vanished the moment the last payment cleared.

Why This Is More Than Just an Inconvenience

This isn’t just about delays—it’s about broken trust and financial risk.

  1. Legal Obligations Ignored – Builders are legally bound to provide timely updates, especially after full payment.

  2. Financial Strain – Delayed possession means extra rent, loan interest, and uncertainty.

  3. Total Lack of Professionalism – Ignoring customers after taking their money is unacceptable in any industry.

What I’m Doing About It (And What You Can Do Too)

If you’re in a similar situation, don’t wait—act now. Here’s what I’m doing to escalate the matter:

1. Formal Written Notice

I’ve sent a strongly worded email demanding:

  • Immediate issuance of my maintenance receipt.

  • A confirmed possession date in writing.

  • An explanation for the delay and radio silence.

2. Legal & Regulatory Escalation

If they don’t respond within a set deadline, my next steps will be:

  • Filing a complaint with RERA (Real Estate Regulatory Authority) – Delayed possession is a punishable offense.

  • Consumer Court Case – For deficiency in service and mental harassment.

  • Legal Notice via Lawyer – Sometimes, a legal threat is the only language they understand.

3. Public Pressure

  • Social Media Exposure – Tweeting at the builder, tagging RERA, and posting on real estate forums.

  • Online Reviews – Warning other buyers about their unprofessional conduct.

A Warning to Future Homebuyers

If you’re planning to buy a property, protect yourself:
✅ Verify RERA registration of the project.
✅ Get every promise in writing – Possession date, penalties for delay, etc.
✅ Avoid bulk maintenance payments before possession.
✅ Document all communication – Emails, payments, calls.

Final Thoughts

Builders cannot treat homebuyers as ATMs—taking money and then disappearing. If enough of us speak up, the system will have to change.

Have you faced something similar? Share your experience in the comments—let’s unite against this malpractice!


Disclaimer: This post reflects my personal experience. For legal action, consult a professional.



Tuesday, April 8, 2025

"Broken Promises & Hidden Charges: My Frustrating Experience with Arihant’s Delayed Possession" - 10



Introduction

Buying a home is supposed to be a dream come true—a milestone of security and pride. But what happens when the builder repeatedly fails to deliver on promises, hides extra charges, and leaves you in the dark? Unfortunately, this has been my reality with Arihant, a developer whose name ironically means "The Omniscient Lord"—suggesting wisdom and integrity. Yet, my experience has been anything but divine.

The Never-Ending Wait for Possession

As per our agreement, possession was promised in December 2024, with a clear penalty clause for delays. However, the builder later claimed they had taken an extension from MahaRERA. In January 2025, they shared a soft copy of the Occupancy Certificate (OC)—yet, possession still hasn’t been granted even in April 2025.

How did they get OC in January if the project was incomplete?

  • When I visited the site on 5th March 2025, I documented pending work—electrical wiring, plumbing, and other critical tasks were still unfinished.

  • If the OC was issued in January, why is the builder still working on basic amenities? Was the OC even legitimate, or was it obtained prematurely?

Surprise GST Charges & Lack of Transparency

Today, I received a call from the Arihant team, informing me that an additional amount charged was GST—something that was never mentioned in the initial breakdown. When I questioned this, their response was dismissive.

Why hide GST in the first place?

  • Buyers deserve full transparency in payment breakdowns to plan their finances.

  • This lack of clarity feels like a deliberate tactic to extract extra money.

Shifting Parking Charges & False Commitments

  • On 5th March, the sales team quoted ₹1,50,000 for covered parking.

  • Today, over the phone, the team said it’s ₹2,00,000.

  • Where is the consistency? This constant change in figures shows zero accountability.

Paid Full Amount + Maintenance, Yet No Possession

  • I completed 100% payment a month ago.

  • Today, I paid ₹31,200 as annual maintenancefor a flat I don’t even own yet!

  • The team assured that if I paid today, they would:

    • Make my flat ready immediately.

    • Share a contact person for possession in 2-3 days.

    • Let me inspect and sign a handover checklist.

Yet, I have no confirmation, no timeline, and no trust left.

Penalty for Delay? Forgotten Conveniently

Since the OC was received in January 2025, but possession is still pending, Arihant is legally obligated to pay a penalty for this delay. But will they? Or will they keep dodging responsibility?

Final Thoughts: A Name Without Integrity

Arihant—a name that signifies divine knowledge and truth—has failed to uphold even basic ethics and transparency. Instead of delivering on promises, they:

  • Hide charges (like surprise GST).

  • Change costs arbitrarily (parking price hike).

  • Delay possession indefinitely despite OC.

  • Ignore emails & calls, only responding when pressured.

If you’re considering buying from Arihant, beware. My experience shows a pattern of negligence, false assurances, and financial opacity.

What’s Next?

I will continue to document every interaction, escalate to MahaRERA if needed, and update this post with developments. Builders must be held accountable.

Have you faced similar issues with Arihant or other builders? Share your story in the comments.

Sunday, April 6, 2025

"Trapped in Delays: How My Dream Home Turned Into a Builder’s Broken Promise" - 9

 

First Impression, Last Betrayal: When Sales Lies Become Legal Nightmares

I still remember the day I walked into the builder’s office—full of hope. The salesperson greeted me with a warm smile, glossy brochures, and one clear promise"Your flat will be ready by December 2023."

Trusting them, I paid 10% upfront—only to later discover in the agreement that possession was secretly pushed to December 2024. By then, my money was already locked in, with no way back.

Now, December 2024 has come and gone—yet my home is still a hollow shell of broken assurances.


The Bait-and-Switch That Cost Me Lakhs

🔹 The Promise: "Move in by Dec 2023!" (Verbal assurance)
🔹 The Reality: Agreement sneakily stated Dec 2024
🔹 The Trap: My 10% payment was taken before I saw the contract

This wasn’t an oversight—it was a deliberate deception.


Who’s Responsible? The Builder, Not Just the Salesperson

Sales teams represent the company. When they lie, the organisation enables it by:

✅ Training them to oversell
✅ Hiding real timelines in fine print
✅ Refusing accountability when buyers complain

Builders know most buyers won’t fight back after investing lakhs.


No Possession. No Accountability. What Now?

1️⃣ DOCUMENT EVERYTHING – Emails, calls, promises.
2️⃣ FILE A RERA COMPLAINT – Delays beyond contract date can warrant penalties.
3️⃣ GO PUBLIC – Tag @RERA, consumer forums, and media.
4️⃣ DEMAND COMPENSATION – For rent paid due to their delay.


A Warning to Future Homebuyers

⚠️ Never pay before reading the full agreement.
⚠️ Record verbal promises (email confirmations, WhatsApp chats).
⚠️ Assume the salesperson’s words mean nothing—only the contract does.


#BuilderFraud #DelayedPossession #RERAHelp
Have you faced similar delays? Share your story below—let’s fight this together.


Note: If you're stuck in a similar situation, consult a legal expert immediately. Builders bank on our silence—don’t give them that power.

Saturday, April 5, 2025

"The Arihant Builder Scam: How They Systematically Stole ₹20,465 From Me" - 8

When "Transparent Pricing" Became Their Biggest Lie

The Bait-and-Switch Scheme

I signed my agreement with Arihant Superstructure Ltd. believing every rupee was accounted for. What followed was a masterclass in financial manipulation:

  • Promised Total: ₹20,45,000

  • Actual Charged: ₹20,65,465

  • Stolen Excess: ₹20,465

Not an error. A calculated theft.

Their Playbook of Deception

1️⃣ Phantom Charges
"Final adjustments" that never existed in the contract

2️⃣ GST Games
Arbitrary recalculations favoring their pockets

3️⃣ Maintenance Mirage
Inflated fees for services never rendered

4️⃣ The Silence Bet
Banking on homeowners not cross-checking line items

This isn't customer service - it's institutionalized theft.

Arm Yourself Against Their Scams

🔹 Forensic Bill Audits
Demand itemized breakdowns for EVERY payment

🔹 RERA On Speed Dial
File complaints for every unauthorized charge

🔹 Collective Action
Join builder fraud victim groups (DM for links)

🔹 Social Shaming
Tag @ReraAuthority @PMOIndia in your tweets

The Hard Truth

They'll keep stealing until we make theft more expensive than honesty.

#ArihantScamExposed #BuilderFraud #RERAWakeUp

PS: 87% of flat owners don't audit final bills. Be the 13% that stops this loot.


Fact: Under RERA, builders face 10% penalty for overcharging. Yet Arihant continues unabated. Why?

Tuesday, April 1, 2025

"How Can Builders Demand Maintenance Charges Before Handing Over Physical Possession? A Homebuyer’s Fight Against Unfair Practices" - 7

# **The Great Indian Homebuyer Scam: Paying Maintenance for a Flat You Don’t Even Own Yet**  

Imagine being forced to pay for the upkeep of a house you haven’t even received the keys to. Sounds absurd, right? Unfortunately, this is the harsh reality for countless homebuyers across India, where builders brazenly demand maintenance charges *months or even years* before handing over possession.  

I recently experienced this shocking injustice firsthand with **Arihant Superstructures** for my flat in **Arihant Aloki Phase III (Flat No. A2-1308)**. Despite not being given possession or completing the mandatory formalities, I received an email **demanding immediate payment of maintenance fees**—**Rs. 31,200 (Rs. 2,600 x 12 months)**—within **15 days**, or face "strict action."  

### **The Audacity of Builders: Pay Up or Face Consequences**  
The email states:  
> *"Any delay in payment attracts delayed payment charges. If no payment is made within the stipulated period, strict action will be taken against the defaulter by the society to be formed, and the Builder will not be responsible for such delay in payment."*  

**Let’s dissect the absurdity:**  
1. **No Possession = No Liability** – How can I be liable for maintenance when I don’t even legally possess the flat?  
2. **Society Formation Farce** – The builder claims a "society to be formed" will take action. But without possession, how is a society even formed?  
3. **Arbitrary Maintenance Calculation** – Who decided the maintenance amount? Where is the transparency? Why should buyers pay without any discussion or audit?  

### **Is This Even Legal?**  
The **Real Estate (Regulation and Development) Act, 2016 (RERA)** clearly states that **maintenance charges can only be levied from the date of possession**, not before. Builders cannot force buyers to pay for services they aren’t even availing.  

Yet, **Arihant Superstructures** (and many other builders) are flouting norms, exploiting homebuyers by bullying them into paying unjustified fees.  

### **What Can You Do?**  
1. **REFUSE TO PAY** – Do not give in to illegal demands.  
2. **File a Complaint with RERA** – Every state has a RERA authority where you can escalate such violations.  
3. **Collective Action** – If multiple buyers face the same issue, unite and send a legal notice to the builder.  
4. **Social Media & Media Pressure** – Share your story. Tag consumer forums, housing activists, and journalists. 

### **Final Thoughts**  
This is not just about **Rs. 31,200**—it’s about the systemic exploitation of homebuyers. Builders delay projects for years, charge illegal premiums, and now demand maintenance *before possession*. **Enough is enough.**  

If you’re a homebuyer facing a similar situation, **speak up**. Share this post. Tag **Arihant Superstructures**, **RERA**, and **housing authorities**. Let’s expose these unethical practices and fight for our rights.  

**#HomebuyerRights #StopBuilderFraud #RERA #ArihantScam #ConsumerAwareness**  

*(Have you faced a similar issue? Share your story in the comments! Let’s make this go viral!)*  


**Why This Should Go Viral:**  
✅ **Relatable Issue** – Thousands of homebuyers face this.  
✅ **Anger-Inducing** – Builders exploiting buyers = instant outrage.  
✅ **Call to Action** – Encourages others to share & fight back.  

**Share this now! Let’s hold these builders accountable!** 🚨