Possession of apartment not handed over
rj
(Querist) 11 June 2010
This query is : Resolved
Dear Friends,
I had bought an under construction apartment three years back from a reaonably well known developer and got the agreement done at the same time.
The property was available for possession in mid of 2009. When i intended to take the possession in december 2009 i found out that there was severe leakage in my apartment. I refused to sign the possession documents and asked them to get the leakage corrected first. I was promised that same would be done in a fortnights time and possession would be handed over to me.
They say that the leakage has occurred because of the renovation done by the occupant who lives above my apartment.
By saying such things they try to wash their hands off the issue.
Since then six months have passed by but the developer has done nothing about it. They say they would require further time to address the issue. Repeatedly i have received commitments from them but none kept. I even have a written commitment on record.
What recourse, legal or otherwise can i take against the developer in this matter or would you recommend me to wait for few more months.
Devajyoti Barman
(Expert) 11 June 2010
As the Developer fails to deliver you a habitable flat his acts falls within the category of 'deficiency of service' and in that circumstances you can file a complaint before the Consumer Forum which is really a very cost effective and expeditious proceeding claiming for damages and filling up the constructing defects.
adv. rajeev ( rajoo )
(Expert) 11 June 2010
It is the duty of the developer to provide you better service. Inspite of your request he has not provided you better service, so issue legal notice to carry out the necessary repair works, if he does then no problem otherwise file a consumer case against the developer for not providing the better service.
rj
(Querist) 11 June 2010
Thanks for your advice......
I had further query on this issue:
If the developer claims that though the possession was available by mid 2009 the owner only came forward to claim it in Dec 2009 and the leakage occurred between this period, so he cant b held responsible for non-performance of deliverables... would such argument hold any ground in the court of law.....
