Builder not giving flat. green glorey proj raipur
sandeep dasgupta
(Querist) 17 January 2014
This query is : Resolved
Dear Sir,
I have booked 2 residential flat in M ahuja Project,Raipur (C.G) in the year JAN 2010 as per condition that builder will give possession after 2.5 years as mention in sale deed but till date the possession was not given and i have paid 90% flat amount in CASH as per his installment basis,and i have not done the regestration. all the official recipts are with me and the amount taken is mentioned in his sale deed
Sir, now my question is that wether i am legellay to get the amount back with interest? and what will be my next step as i am undergoing mentally pressure.
Thanks
Sandeep Dasgupta
ajay sethi
(Expert) 17 January 2014
wait for possession . some delays are bound to happen in delivering possession . if builder fails to deliver within 6 months after due date move consumer forum for builder to hand over possession .
dont ask for refund as you will loose on capital appreciation in value of property .
Advocate. Arunagiri
(Expert) 17 January 2014
Whether the UDS is registered in your name? If not, insist for that first.
Rajendra K Goyal
(Expert) 17 January 2014
wait for some time as advised by the expert ajay sethi ji, if possession not given, send legal notice followed by complaint with the consumer forum.
Devajyoti Barman
(Expert) 17 January 2014
What is the date of possession of delivery as per the agreement?
If such time is passed then you can file case before the consumer forum for delivery possession and compensation.
prabhakar singh
(Expert) 17 January 2014
From JAN 2010,2.5 YEARS ENDS in 2013 and now it is JAN 2014,HENCE BUILDER HAS FAILED TO DELIVER AS PER PROMISE,GIVING YOU RIGHT TO SERVE HIM NOTICE FOR POSSESSION AND LOSSES FOR DELAY,IN CASE HE NEGLECTS YOUR DEMAND,FILE COMPLAINT IN CONSUMER FORA.
Saurendra Rautray
(Expert) 30 January 2014
Hi,
I agree with Mr prabhakar. The builder has already breached the terms and condition and hence you can file a consumer case alleging your losses in terms on money and harassment and you can also file a criminal case against the builder for breach of trust. As already advised kindly send him a legal notice followed by filing of cases.
Saurendra Rautray
Advocate
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