Delay in flat possesion
Sagar dhuri
(Querist) 25 August 2014
This query is : Resolved
Dear Sir,
I have booked 1 BHK flat in ambernath from one of Builder.Builder is not giving possession.He is just postponing the possession by saying that will give possession soon.We are waiting for possession since last 2 years.One more thing
I want to let you know that in agreement it was mentioned that after agreement remaining payment will be paid within 8 days.But there was delay in disbursement by bank.Instead of 8 days payment was done within 30 days.Builder was asking for penalty of 24% due to delay in payment.I have done 100% payment before getting possession although as per schedule i have to pay 5% amount after possession.I have got information that I.T.department can ask for receiving of disbursement to builder only after 45 days validity after agreement registration.My query is that
can builder ask for penalty from me though I have disabused payment before 45 days validity & what can be done on getting possession.Kindly advice what action should I take. Thanking you Sagar Dhuri
ROHIT SHARMA
(Expert) 25 August 2014
Dear Mr.Sagar Dhuri,
1. The sale deed has not yet been made and registered.
2. The terms of agreement have been fulfilled by you despite the fact that the bank disbursed the last installment a little late. For this reason the builder cannot ask for interest or penalty. He knew that the bank has delayed the disbursement. This fact can be contested in your favor.
3. Is the property mortgaged to the bank ?
4. You can file a civil suit for specific performance.
5. You can get my contact details in case you feel the need for further private legal consultation by clicking my name shown in the L.H.S. margin of this reply format.
Rajendra K Goyal
(Expert) 26 August 2014
In he original agreement which was the date of handing over of the possession. If no possession given on the agreed date file consumer complaint with claim of compensation.
ajay sethi
(Expert) 26 August 2014
move consumer forum against builder for deficiency in service .to direct builder to hand over possession and for interest for delay in giving possession
Sagar dhuri
(Querist) 26 August 2014
Thank you all for your kind concern & quick reply.Dear Mr.Rohitji, flat agreement registration is done & property is mortgage to the bank.Monthly EMI has stared since last 2 months.Lots of peoples are suggesting that don't go for court matter as builder have lots of other cases also.So I am confused & not getting what to do exactly.Kindly suggest the best possible option.Please advise if I have decided to go consumer court.How can I approach for it?and what procedure need to be followed.
Sagar dhuri
(Querist) 26 August 2014
Dear Rajendra ji,
In original agreement no date or month mentioned about possession.
Dr J C Vashista
(Expert) 26 August 2014
I agree with the expert advise of Sh. Rajendra K Goyal.
It is advisable to have a collective (almost all stake holders/purchasers of flats) dialoge with the builder although it is a difficult preposition to settle the matter with builder.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
Though the agreement has not specified the date of completion, it cannot be delayed inordinately. If the builder is not responding properly, you can issue a legal notice demanding possession and damages towards delay in handing over possession, based on his reply you may on the advise of your lawyer proceed with the legal case against the builder.
