umesh (electronic engineer) 19 November 2014

Action to be taken against builder on late possession.

Hi ,

I am Umesh Dalvi , I have bought flat in Taloja MIDC , Panvel , on Oct-2012 at Greenwood Estate, Panvel. , as per registration agreement its mention that I will get possesion after 23rd November 2013, It's now nearly 1 Year and still I am waiting for possession .

Builder already collected all amount 6 month back saying that we will get possession in next 15 days , as everything was completed except lift and gymnasium which are included in emenities, we believe and provided requested amount . But still there is not any work done. I already suffered loss of additional interest I am paying on amount which i provided to builder by taking loan for remaining amount .

Please let me know which action can i take against buider..

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4 Replies

Uttam Maheshwari (Associate) 19 November 2014

Dear Umesh-ji,

For this, it is advised that you must first communicate with your builder, in writing, informing him that there has been 'deficiency of service', and accordingly, the builder should either compensate you in monetary terms, or return the amount. If nothing is done by the builder, in spite of this communication, the legal remedy lies in approaching the 'consumer forum', under the Consumer Protection Act.. In the legal proceedings, you would be entitled for seeking compensation and interest.

Best,

Uttam Maheshwari, Advocate

Hardeep (Business) 19 November 2014

Fastest recourse would be under Consumer Protection Act. You can aim costs and damages for mental anguish etc. Will also depend upon agreement provisions.

umesh (electronic engineer) 19 November 2014

thanks for your valuable replies uttam sir and hardeep sir, but i had a question that i dont want to cancel my flat by taking amount, in such a case by which way i can take action on him. can i charge him interest with 18% on paid amount from the date of possession or ask him for the rent for that period. and in agreement they have given clauses for the delay of possession which does not make any sense in actual then what to do in such a case.

plz reply.

Uttam Maheshwari (Associate) 19 November 2014

Dear Sir,

In such case, it would be advisable for you to take possession of the flat, so that the legal proceedings do not come in your way for the possession. Once possession is taken, your claim becomes crystallized, in as much as the period for which you want to allege for delay becomes complete. So, after taking possession, file a case before consumer forum seeking "compensation". This compensation can be calculated on the premise of interest & mental agony.

Best,

Uttam Maheshwari