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P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT)     29 April 2016

Delay in handing over physical possession of apartment

A builder at Chennai, a limited & listed company has delayed in handing over physical possession of apartment after collecting about 50% of cost of the flat. About an year has elapsed from the agreed date for hand over and the real fact is that the construction itself is yet to commence. kindly let me know what best options do I have now to proceed with further in the matter ?



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 4 Replies

saravanan s (legal advisor)     29 April 2016

Take the issue to the district consumer forum

adv.bharat @ PUNE (Lawyer)     30 April 2016

1) Before purchase of immovable proerty u must be aware about it. Let it be take care next time.

2) U can went to district consumer court to get compensation for ur financial damage to u. Since one year after commencement of buildingis not done means it is fraud with u.

3) Consult with local lawyer to get proper guidance for case.

Thanks

Anand Bali Adv. (Advocate Solicitor & Consultant)     01 May 2016

You are advised to first issue a legal notice to the Builder stating that he is delaying the project which causes you mental , physical and financial loss and for which why not he should conpensate with the some regular penalty till the offer of the possession is made to the investors according to their payment made as it is a case of misappropriation of the invester's money also you can file a police complaint against that builder for utilising your money for other than the project objectives. If the case willbe of more than 2 carore cumulative amount of all the investers the police complaint will be reffered to Economic Offence wing of the crime branch and a FIR under sec 406 and 34/120 B will be registered against the builder.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

T. Kalaiselvan, Advocate (Advocate)     01 May 2016

By paying 50% cost, the builder cannot handover possession of the completed flat/apartment.

However in your case the grievance can be redressed by the consumer forum.


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