Delayed possession of flat > 3 years

Dear Sir,

I have booked at Flat in Noida in Sector 100 in Nov 2009 and as on date (20 Dec 2015) flat is not completed and not handed over. This has also been learnt that builder has not been paying penalty and chaging excess money on increase in super area by about 8 -10%

Need to send legal notice and file case claiming losses. I have been paying EMI as well as rent and has undergone several problems on account of wrong promise by builder. 

Require advise on following - 1) What is procedure and expected time to get justice ii) What is cost if taken up individually or in group 3) Contact of good advocate willing to take this up in Noida

Warm Regards,

Rajesh Sood




It's the flavour of the season these days, don't worry in case of delay of possession there are favourable decisions wherein the person can stop to pay the money and there will be not penalty for delay in payment because the builder is already the defaulter and being himself wrong he cannot expect other party to be fair.

I can send the legal notice for unfair trade pratice, cheating and defective services.


Warm Regards

Kapil Chandna Advocate




Dear Rajesh,

1.Move to consumer fora in appropriate Forum/Commission through a local prudent lawyer, which you are to find, contact, consult and engage.

2. Time and money consumed in getting justice (in India) is indefinite which cannot be predicted.

3. Find out yourself, engage where /whom so ever you may devlop faith in the lawyer. 


I disagree with Kapil Chandana. 

You can file a consumer Case against the Builder for recovery of money along with damages in the alternative pray the court to direct the Builder to handover possession to you. You can also file criminal case against the Building for cheating and criminal breach of trust. But you cannot stop payment of EMIs.  It is your liability and not the Builder's.  At any cost you should continue the payment of EMIs to the Bank.


In the alternate you can stop the payments by writing a letter to the Bank Manager to sell the flat  and appropriate the loan amount from the sale proceeds.  


1.  File a petition in the Cousmer Forum.  It is difficult to say about the time that will be taken to get the justice.

2.  Dependng upon the status of the engagement of Advocate.

3.  Regardng good advocate, better enquire in your local area.


File a petition in consumer forum depending on the claim you may choose the forum.

warm Regards

Nitish Banka




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