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Issue with builder

(Querist) 18 November 2011 This query is : Resolved 

Query-- bulider had promised to hand over possesion of flat within 15 months from date of agreement (i.e. 16th dec 2008),but as on date construction is not over & the builder is applying delay tactics.taken loan from lic housing & have to pay emi every month apart from monthly rental for the flat where presently staying.pls advice what legal methods is there to get refund of self down payment as well as 90% loan amount payed by lic housing along with interest, from the bulider & compensation for finacial debt & mental harasement
rajib
ajay sethi (Expert) 18 November 2011
issue legal notice to builder for deficency of service . since builder has failed to deliver posession within period stipulated in agreement . you can also claim compensation . you can ask for refund of meoney paid together with interest
Rajeev Kumar (Expert) 18 November 2011
Mr.sethi has replied well
Advocate M.Bhadra (Expert) 18 November 2011
Send a legal notice calling upon the Builder to deliver the possession at an early date,you should also send a legal notice to the LIC that you are unable to pay the EMI as because your didn't got any possession.If the Builder would not comply as per notice then you can file a Case in Consumer Forum for deficiency of service or you can file a suit for Specific Performance of Contract in civil Court.
prabhakar singh (Expert) 19 November 2011
agree with experts.
Devajyoti Barman (Expert) 19 November 2011
Yes I too.


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