Denial in paying delay compensation by builder

AMIT PATNAIK (Querist) 10 December 2012 This query is : Resolved
Dear Sir/Madam,
I've a query regarding my under construction property which I bought in Thane in 2009. The scheduled possession was on may2011. But the builder has delayed the possession and now goving the possession but without OC. When I claimed for the delay compensation they denied to pay any compensation saying the delay was because of unavoidable circumstances. In the sale agreement the clause for compensation by builder is clearly mentioned. Now I'm planning to grag the builder to consumer court. Please suggest me what necessary steps or things that I should keep in mind. Also I'm planning to shift to my flat without OC. Shall I wait for the OC o should I shift first and then go with the court process? Please suggest.

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Raj Kumar Makkad (Expert) 11 December 2012
You should first take possession under protest and then should engage a lawyer and rest of the action should be initiated under his guidelines.

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