Q594. How to Settle Property

Dispute with Builder in Delhi . . .

Question: I have a builder in South Delhi who I have paid in full to build a flat but he is not giving me possession. I have engaged a law firm but they are powerless. Is there a government agency with teeth that looks into such matters for NRI’s Regards Meera Nayyar Answer: I find it strange that the law firm you engaged say they are powerless! As I am not aware of what the other sides position is, based on your question I can offer some suggestions for anyone who finds themselves in a situation where the builder continues to delay or not give possession of property. If you are having problems with a builder in Delhi, the Delhi government does have a ‘Delhi Dispute Resolution Society’ I believe this is a new initiative by the Delhi government to help and speed up dispute settlement in Delhi in a cost effective manner, definitely a step in the right direction, considering India’s large number of pending court cases that take years to resolve. For those wondering what they do, here is an excerpt from their website: ‘Delhi Dispute Resolution Society (Regd.) is the first inititive of its kind in the entire country taken by Department of Law, Justice & Legislative Affairs for introduction of Alternate Dispute Resolution processes especially Mediation and Conciliation to not only matters pending before Courts, Consumer Forums and such other bodies but also in respect of pre-litigation cases. The parties before taking legal recourse to Courts, Police, etc. are encouraged to approach the various Mediation Centres which have been set up in different parts of Delhi for settlement of their disputes amicably.’ My suggestion would be that you should contact the Delhi Dispute Resolution Society mediation centre of the Delhi Government and hope that your issue can be resolved. Their contact phone number in Delhi is 23379074. Their website url is: Mediation.DelhiGovt.nic.in • Try the Mediation Process • If not successful, Consumer Court can be approached. According to a the Supreme court: “ When possession of property is not delivered within stipulated period the delay so caused is denial of service . . .” [Lucknow Development Authority Vs M.K.Gupta Civil Appeal No. 6237 of 1990] In some previous cases decided by Consumer courts, builders have been directed to pay compensation/penalties to clients where builders failed to hand over possession within a stipulated time frame.