Builder askin to sign stamp paper undertaking for possession

Querist : Anonymous (Querist) 13 January 2023 This query is : Resolved
Hi,
I had purchased an under construction flat in Bhiwandi in 2015 with possession date as Mar 2018 in sales agreement. After years of delay from builder sighting various reasons like GST, RERA and Covid, He has got OC 2 months back. By this time many residents took soft possession and started staying. Currently there are lot of issues with leakages and pending work of amenities is still not completed.
After OC, builder is liable to give final possession to all and now he is asking everyone to sign an unilateral undertaking which is one sided mentioning there is no quality issue and few other absurd clauses. I'm waiting for possession and he is not giving without signing it up as per their company policy.
What options do I have to get possession with letter? Buying property there was already a mistake and I dont want to sign anything further for more problems in future.

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Quick Summary

A homeowner in Bhiwandi is facing issues with a builder who is delaying the final possession of their flat, even after receiving the Occupancy Certificate. The builder is insisting on the homeowner signing a one-sided undertaking that denies quality issues and includes other unfair clauses before handing over possession. Other residents are also experiencing similar problems with leakages and incomplete amenities. Legal advice suggests filing complaints with RERA and the Consumer Commission to seek immediate possession, compensation for delays, and damages.

kavksatyanarayana (Expert) 13 January 2023
File a complaint to RERA and the Cooperative Housing Societies of your district.

Advocate Bhartesh goyal (Expert) 14 January 2023
Since builder has not delivered you possession of property in stipulated period and making pressures to accept illegal and not tenable conditions for registration of sale deed which is his deficient services and unfare trade practice so you may file complaint against builder before RERA or Consumer Commission and seek directions to deliver immediate possession of flat and pray for compensation towards mental and physical agony caused to you.

Dr J C Vashista (Expert) 15 January 2023
I fully agree with the opinion and advise of experts you (along with other maximum purchasers) must file complaint against builder before RERA as well as jurisdictional Consumer Commission and seek directions to deliver immediate possession of flat,penalty for delayed possession and compensation towards mental and physical agony caused to all of you.

P. Venu (Expert) 18 January 2023
Yes, you need to approach the RERA and seek remedy against the arbitrary and perverse actions of the builder.

Dr J C Vashista (Expert) 19 January 2023
Did you engage a local prudent lawyer for appreciation of facts / documents, proper analyses and professional advise / proceeding ?

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