Delay in possession of flat
Querist :
Anonymous
(Querist) 11 October 2010
This query is : Resolved
Hi Hon'ble Expert’s Panel,
I have invested for a flat in a residential project few years back, the property is situated in Ghaziabad. The possession date given in the builder-buyer agreement was of April,2009 but so far only 50% work could be completed, even for a long back the construction work has been halted because of liquidity crunch with builder. Though builder has sufficient assets but he is not liquidating them, we are apprehensive that the builder might be siphoning off his existing assets/fund to somewhere else.
Could you pls help advise if filing of a suit for Mandatory Injunction to complete the work would be effective in this scenario. If so could you pls advise in brief what is the procedure to file the suit for Mandatory Injunction to complete the work?
What should be the ground and objective of this suit?
What would you advise to proceed it in a group of allotees OR individually?
Thanks in advance for your valuable guidance.
Raj Kumar Makkad
(Expert) 11 October 2010
You should act as per agreement executed by you with the builder and should issue him a legal notice first through your counsel and then can file either civil suit or consumer complaint. Both are maintainable. Grounds of civil suit shall be the difference between the present status of construction and the agreement coupled with the losses suffered by you.
R.Ranganathan
(Expert) 11 October 2010
You have not stated whether you have paid the entire cost of the Flat to the builder. If so, then you have good ground to initiate legal proceedings against the builder both in the civil and consumer courts.
Querist :
Anonymous
(Querist) 11 October 2010
Hi Hon'ble Expert’s Panel,
Thanks for your prompt and valuable replies.
I booked this flat in August,2007 and have paid 95% of total amount withinh 45 days from days from day of booking.
We have formed a group of 300+ allotees out of 700, all of us wish to fight for flat not for refund of our money, since as per agreement in case of refund claim the booking amount would be deducted that is 10% of total amount, and only principal amount with 8% simple interest/annum would be refunded.
We wish to mount pressure on builder to expedite the construction work. Also wish to cliam for reasonable penalty/damage against delay in possession.
Kindly help advise what action should we take to safeguard our investment.
