Compensation for delay in possession

I booked a flat with a token amount of Rs 2 Lakh in Oct 2016 and subsequently agreement of sale was made on 30th Nov2016. As per sale agreement the possession of flat would be given within 04 months from the date of agreement with a grace period of 06 months. As of now (Dec 2018) only the construction of flat is ready but the amenities are not ready. Even individual energy meter, municipality water connection, installation of back-up generator, common area light etc. are not ready. The builder has not obtained completion certificate from GHMC which is required for obtaining Partial Occupancy certificate. I have taken a set of Key of my flat from the builder for start of interior work like false ceiling and woodwork. But before I start my interior I want the builder to check any kind of seepage leakage which if there, may damage interior work. But the builder is cooperating with me. Till now I have paid 90% of sale consideration to builder. In another 06 six month also the builder cannot finish the pending work. After going through the sale agreement I found that there is no mention of any compensation for delay in possession from builder. Registration of flat is not done till now. I am staying in a rented house and paying EMI toward Home loan taken for the purchase of the said flat.

My quarries are

1) Can I approach Consumer court for compensation for delay in possession before registration ?

2) This is my first property and I want to stay here after possession. If I go for  compensation for delay in possession ,is there any chance of losing the  flat ?

 3) How much time will it take to get justice in consumer court ?


You can file a comlplaint under RERA with its comes under the jurisdiction of the Act. You will not loose your property. Consumer Court might take longer time. If the project falls under the RERA act complaint can be filed case under that as the RERA provide relief within 60 dyas.




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