Court aided possession

ms (Querist) 27 January 2017 This query is : Resolved
Dear Experts

We are a group of buyers currently in a case with a prominent builder in the NCDRC. The case is going on in the NCDRC since the last 2 years and arguments hopefully will be starting in the next couple of months. Currently none of the legal members have taken possession as there are significant deficiencies in the Project and inflated demands being made by the Builder. Though the builder has offered the possession in 2014 conditions have not improved and most of the solutions are only in the nature of a stop gap arrangement. Please need your advance on the below.

Should we go in for a court aided possession at this stage and how would it affect the outcome of the case going forward or possession should be avoided right now

Thanks

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Guest (Expert) 27 January 2017
If Builder is ready to give possession take it first , future you contest in national consumer forum by way of deficiency etc.

Ms.Usha Kapoor (Expert) 27 January 2017
If builder is ready to give possession take possession first take possession first a;long with OC and then due to deficiency in service consumer court later.

R.K Nanda (Expert) 27 January 2017
better wait for court order.

Rajendra K Goyal (Expert) 27 January 2017
Should wait for the orders.

ms (Querist) 27 January 2017
thanks for your responses can you please elaborate why court order should be awaited before taking possession and would taking early possession through court impact the court decision later?

ms (Querist) 27 January 2017
Please let know if there are any negatives in taking early possession through court which would impact the court decision later?