Delay in possession by developer

Amit (Querist) 01 November 2011 This query is : Resolved
Dear Sir,

It would be so nice of you if you could help me out.

I have booked one flat in Ghaziabad in Feb-2008. As per agreement the possession date was may-11 with 3 months additional delay.

However, even till date the possession has not been given and going by the way work is progressing it does not seem to be over in next six months. As per agreement, builder has to pay a penalty of Rs. 5 per sqft. there has been no intimation from builder regarding delay and penalty amount. I have already made 95% payment. Now I want to cancel my booking due to delay, Am I entitled to get the entire refund amount with interest and also some compensation. If so, what should be my next course of action as I want my money refunded with a decent interest along with some compensation.

Please guide me whom should I approach in this regard.

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ajay sethi (Expert) 01 November 2011
issue leagl notice . contact a local lawyer . file case before consumer forum for deficency in service . you can claim compensation for delay in delivery of flat . you can also ask for refund with interest .

Amit (Querist) 01 November 2011
Thanx for reply sir how much time consumer court tajes to give verdict and after their verdict can a higher court also be approached

ajay sethi (Expert) 01 November 2011
it deepnds upon where you are located. in mumbai it takes 2 years for complaint to be disposed of by district forum .

appeal lies before state commission and then national commission

Amit (Querist) 01 November 2011
Can u suggest some lawyer related to my case in noida or ghaziabad.

Amit (Querist) 01 November 2011
Sir do u think dat my case is strong. If i file a case and if it takes more than 2 years as u said so til then should i not take possesssion otherwise how do i put up a case for refund in court

ajay sethi (Expert) 01 November 2011
in delhi Mr R ramchandran . check his details on this site .

evn if there is a delay in delivery of posession it would be advisable to take posession from the builder . under agreement builder is liable to pay penalty . take posession and compensation offered by builder .