Delay in posession of flat
maxmoon
(Querist) 23 March 2013
This query is : Resolved
Dear sir,
I had booked my flat in lucknow with ansal properties in august 2010.the builder promised to give posession by june 2012.I am an ordinary man and living in a rented house since june 2010.till date i have not received posession of my flat and i have been paying rent out of my pocket along with the load of emis as my house is on loan by hdfc .can i sue the builder in consumer court and claim the compensation for the delay and the rent which i have been paying extra since june 2012.The builder has not done the registration of the flat but only given us the allotment letter.In the allotment letter the builder has mentioned that if i make late payment they charge me interest but if builder makes delay in posession then he is not liable to pay any interest.
what can i do in such a case
Advocate M.Bhadra
(Expert) 23 March 2013
You can file a case in Consumer Forum for deficiency of service or file a suit in Civil Court for Specific Performance of Contract,but best option is Consumer Forum.
What is worst in case of the delay by builders in completion of a housing project is the inevitable, resulting fiscal setback which is ultimately borne by the consumer. The builder-buyer agreements have penalty clauses but they are not mandatory. The fiscal implications of delay have not gone unnoticed and Maharashtra State Commission in a landmark verdict clearly noted the insufficiency of the 9% interest rate that the builder was liable to pay on the refunded amount and the fact that the consumer in question has invested their lifetimes’ savings when they invested in flat and at the existing rates, it would be impossible for them buy a flat, even with the refunded amount. The result is often exorbitant compensations and interest rates granted by consumer forums in cases that come before them. But has it changed things? That is a cruel rhetoric.
ajay sethi
(Expert) 23 March 2013
the terms of allotment are discriminatory . in the vent of delay builder should also pay interest . issue legal notice to builder that although all payments have been made on time till date regd agreement has not been entered into nor posession given till date .
contact a local lawyer and filec omplaint before consumer forum for deficency in service and seek compensation from builder and other releifs
prabhakar singh
(Expert) 23 March 2013
Yes! You can sue the builder in consumer court for all losses and inconvenience caused to you due to delay in delivery of possession due default of the builder.
Contact a local lawyer dealing such cases.
Adv k . mahesh
(Expert) 23 March 2013
one thing you have to see the builder normally give some newspaper advertisement go and search from the central library and get the copy which would say the possession date and this would be your proof and can file a complain before the consumer court
maxmoon
(Querist) 23 March 2013
i spoke to the builders lucknow office.they say that they will give posession within 4-6 months.can i still sue the builder for compensation for the delay? the comitment of posession from builders side was oral and no specific date of posession was written anywhere on papers.can i still file a case against the builder?
Shashikant V. Patil
(Expert) 23 March 2013
Already you have suffered a lot in respect of financially, mentally hence 4-6 months also be added for make your loss compensation in consumer court. Before that, you may issue him a Legal Notice.
maxmoon
(Querist) 23 March 2013
i have been living in a rented house so far since june 2010 and paid rent of rs 9000 pm.should i ask for rent from builder till the posession date or 9% pa interest or both...also please let me know any other compensation i can demand for....
Shashikant V. Patil
(Expert) 23 March 2013
You can contact a local lawyer he will do the needful.
maxmoon
(Querist) 23 March 2013
cant i go to consumer forum without a lawyer?
maxmoon
(Querist) 23 March 2013
but for that i need to know should i ask for rent from builder till the posession date or 9% pa interest or both...or any other compensations that can be claimed?
ajay sethi
(Expert) 23 March 2013
ansals are reputed builders . generally in under construction projects delay of 1 year in giving posession is normal . go and visit the site . what is stage of construction ? is it nearing completion ? if so then then dont proceed legally now . take posession of flat . then move consumer forum for compensation for payment of interest fro delayed posession .
ajay sethi
(Expert) 23 March 2013
you can claim rentals you have paid during the period of 1 year . in adttion you cna claim costs of ltigation . interest for delay in delivery of posession
