Builder is asking for an affidavit for possession

Guest (Querist) 31 May 2016 This query is : Resolved
I had booked a flat in noida with Antriksh Developers & Promoters Pvt. Ltd.

Builder sent me an final demand and offer for possession.After that i have paid the final amount.
Now at the time of possession they are asking for an affidavit on rs 10 stamp paper with the following clauses-
1. That all other requirements regarding registration of the unit and maintenance requirements as may be directed to us regarding the aforesaid unit I/We shall comply with the same.
2. That I/We undertake to fully indemnify the Antriksh Developers & Promoters Pvt. Ltd. incase the company suffers any loss / damage / penalty due to I/we seeking possession of the aforesaid flat / unit and the related transaction .
3.I / We further undertake that we are taking possession of our unit verifying all the commitments made to us by your company and we shall never seek any compensation or shall raise any complaint whatsoever for my / our above said Apartment from you and/or your nominee agency in future in any circumstances.

When I told that i will not submit this affidavit, they are telling that is is mandatory and without that they will not handover the flat.(they have sent me a mail mentioning the affidavit is mandatory for taking possession.)

The whole project is still not completed at present. The common area and recreation facilities are still under construction and the builder has not got the state electricity connection.They are running electricity with generators.

What I should do now? I am paying interest on loan and without possession i would not get any tax relief on interest and still paying rent at present.

What is advisable whether to get the possession by giving the affidavit or to wait till the registration is completed and go to consumer court for seeking the compensation for the delay.

Follow Query

Report Abuse

Nitish Banka (Expert) 31 May 2016
Builders usually sign these affidavits before giving possession, however if there is possession related dispute in the future you may challenge in the consumer courts as there are many judgments by the consumer forums in which the consumer forums can grant relief if there is possession related defects.
warm regards,
Advocate Nitish Banka