Delay in possession and harassment from builder

Ketan (Querist) 24 October 2013 This query is : Resolved
Dear Sir

I booked apartment in Pune Maharashtra and as per agreement builder promised to give possession in Aug-2012 , till date they don’t give possession still their work is going on, we paid almost 95% of value . In april I send normal notice for claim of my rent and interest loan that time they promised to give possession, but they just allow us to start furniture work. I started my interior work in June and now it is on completion stage.

This month I ask for possession and builder asked me to pay 100% , due amount is against Sales tax and maintenance charges, where there is no amenities completed as per agreement, so I asked them to complete that and then demand for balance amount but they refused to accept that.

I served notice for 20 months delay in project like my rent, interest on loan, after receiving notice builder legal advisor start threatening me and my family to put behind bar and asked my worker to stop interior work and vacant the flat. Now they are threatening that they have rite to lock my apartment and sale out to anyone with all my furniture work which is 20laks worth. They are sending their people everyday to my apartment and using force method to threaten me and my people.

My balance is only now 4 lakhs which I ready to pay for possession but I don’t want to give up my claim, so builder not giving me possession and hiving harassment. I stay out of India , for this reason I have to leave my work and come back to India.

Can builder do this? What action I should take for possession and claim

Your advise is appreciated
My contact is 9881796041

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Devajyoti Barman (Expert) 24 October 2013
For the delay of giving of possession beyond the stipulated time, the builder is liable to give you compensation.
if he refuses to do so, you can file a consumer case.

Nadeem Qureshi (Expert) 25 October 2013
Dear Querist
you can file a complaint before consumer court or file a civil suit for specific performence before civil court or file a suit for damages