Delayed possession


I entered into an agreement ( unregsitered) with builder in 2012 wherein it was agreed that the builder will give me possession after completion certificate in March 2014. He failed to do so as the project progressed slowly. In august 2014 , the agreement to sell was regsitered and redrafted but the clause dealing with date of completion was retained as such ( although the promised date of completion was already past). The project continued slowly and the builder abandoned the dwelling in 2015, although the construction was almost over but lift was not installed. I moved into the premises in oct 2015 ( in absence of formal possession letter) after getting the remaing work done out of my pocket. The building is complete now and the sale deed was done last month with formal handing over of possession as stated in the sale deed. Can I suit builder for damages due to   delaying of project and asking for compensation from March 2014 till sale deed ( two years) . Completion certificate and occupancy is still not procured. 

 

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

you can file in consumer forums after issuing proper legal notice to the builder


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Thanx ! Is legal notice really necessary. Consumer Protection act itsef does not appear to make it obligatory. As per section 12 , the complaint can be filed directly.

 
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Advocate

The legal notice may perhaps lead to a sttlement and tussle in the court could be avoided.


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Thanx sir and I cud see your point. The  court shall also appreciate that you did make an effort to avoid path of litigation to not to increase the work of already overburdened judiciary. How long one should wait for reply to such notice befroe filing complaint? What are the consequences for the defendant if he chooses to merely ignore it and not answer at all. Does it create prejudicial effect against defendant, should the case be filed. Can you argue later that by not responding to legal notice , defendant has accepted the allegations made interalia?.

 

 
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CEO

Sir, (1) Everything will depend on the terms and conditions laid down in the sale deed. (2) He could not have given possession without occupation certificate. (3) Case in the Consumer Forum should be filed after 30 day notice, but within a period of 2 years from the cause of Action. Good Luck, Kishor Mehta
 
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CEO

Sir, (1) Everything will depend on the terms and conditions laid down in the sale deed. (2) He could not have given possession without occupation certificate. (3) Case in the Consumer Forum should be filed after 30 day notice, but within a period of 2 years from the cause of Action. Good Luck, Kishor Mehta

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thanx , from which point in time,  you would measure period of limitation bar. Teh casue fo action started when he did not give posssession on promised date of completion i.e March 2014. Or the casue of action arose from time of  sale deed when on demand he did not compensate for delayed possession. 

 
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thanx , from which point in time,  you would measure period of limitation bar. The cause of action started when he did not give posssession on promised date of completion i.e March 2014. Or the cause of action arose from time of  sale deed when on demand he did not compensate for delayed possession. 

 
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P,S. And yes he gave possession without occupation certificate

 
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