No Amenities as Promised by the Builder


Since the Real Estate industry has started growing up, builders also have taken up the initiatives of providing the facility of various amenities in their projects to attract buyers in the market. In this era of neck to neck competition where everyone wants to be on top, Builders are trying to get the Customers by providing various amenities and in this race sometimes Builders gets off from their path and these amenities just become the part of the marketing stunt. We are sharing some of our views on this issue:

a)   When this problem arises?

This issue usually arises when a builder agreed (in sale agreement) on the terms of providing the amenities like Swimming Pool, Parking, Health Clubs etc. but absence of the same at the time of the completion of the project.

b)   Preventive measures Under RERA Act.

  • In RERA Act, it is clearly mentioned that after the approval of sanctioned plans, layout plans and the nature of fixtures, fittings amenities and common areas, amenities of the apartment, by the competent authority no addition and alteration can be done without the consent of the person.
  • Under RERA Act, the buyer is also entitled to know the stage-wise schedule of completion of the project including the provision of water, sanitation, electricity and other amenities as promised by the builder as per the terms and condition of the agreement of sale.
  • In case if there is any defect in the quality and provision of services as per the sale of agreement relating to such amenities by the Builder then buyer has a right to bring his attention towards the defect of the services and the time limit for the same is 5 years from the date of handing over the possession and it is the duty of the builder to get it rectified within thirty days and if fails to do so the buyer is entitled to receive appropriate compensation.

Conclusion: The above discussed points can bring us to the conclusion that if this act i.e. the act, where no amenities provided by the builder in the property as promised or agreed then the buyer has all the right to get it rectified or else a buyer can keep a tab on the schedule of the completion of the amenities as per terms and condition of the sale agreement.

Note – Please note that the above article is for education purpose only. This is based on our interpretation of laws which may differ person to person. Readers are expected to verify the facts and laws.

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