Delayed possession
sandip
(Querist) 24 July 2014
This query is : Resolved
I am residing in Mumbai and have booked a flat in Tathawade, Pune. My agreement stipulates the possession date as Feb 2014. However till today i.e. 24.07.2014 builder has not provided possession and is providing lame execuses for delay verbally. Further he states verbally that he will handover the possession in september 2014. However has not responded to my emails and registered letter for intimating the same. I already paid 95% of total cost of flat. Can i claim for my rental income as well as homeloan interest benefit which i tend to lose for the period of post Feb 2014 till actual possession. If yes when i have to claim and what will be the course of action-is it negotiation with the builder when he asks for balance 5% payment during possession or to approach any consumer court. Request to please guide me.
sandip
ADV-JEEVAN PATIL, MUMBAI
(Expert) 25 July 2014
If u can fight with builder
1) first issue notice
2) file complaint in consumer court
malipeddi jaggarao
(Expert) 25 July 2014
If you wish to go legally, you can do all the things enlisted in your query. Normally there will be delay in giving possession and if it is reasonable one has to accept the loss and forget. If it too long, you can start a legal battle only after having a talk with the builder. What is the option you have at present? Invoke legal action. If you do that he will not give possession until the court case is finalized. Who is the sufferer? For every walk of life, if you apply legal provisions, you can not live peacefully. Choice is yours.
ajay sethi
(Expert) 25 July 2014
pay the balance 5%when demanded by builder and take possession of flat . 6 months delay is common in real estate projects . builder will pay you interest for delay in handing over possession as per your agreement
Rajendra K Goyal
(Expert) 25 July 2014
First take the possession. If the delay is more you can claim as mentioned by you.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
Well advised by experts. Why to go for litigation in the initial period itself, amicable settlement will solve the problems that may arise in the future too.
