ankit bajaj (consultant) 26 May 2012

Builder not giving the flat posession

I have purchased a flat with one of builders in Ghaziabad. I have paid all the amount as per his last demand. Now when the flat is ready he is demanding interest on the delayed payment. Before this he has never raised this issue and his last demand letter also did not specify anything on interest payment. Now since the property prices have risen in that area he is trying to find ways to get more money from us.

Can someone help me? I plan to proceed against him in consumer court. Please let me know if this right option and also would need some help on good lawyers in Delhi/ Mumbai.

Regards

Ashwin

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 26 May 2012

Dear Mr.Bajaj,

Serve him a very strong legal notice calling upon him to perform his obligations as per the contract, and hand over possession failing which he is liable to be sued in the Consumer Court for damages for breach of contract and deficicency in services.

Feel free to talk !

Regards,

Bharat

Advocate (Delhi)

RAJAGOPALAN NAIR (Advocate) 26 May 2012

Please send a legal Notice to the builder to perform his obligations as per the contract and if he is not ready, file a complaint in the Consumer Forum for damages for breach of contract and deficiency in service.

R.R. Nair

1 Like

Adv. Kailash Chavan (Lawyer) 26 May 2012

Is there any clause in agreement regarding delayaed payment??.....if it is not there then builder can not ask for payment of such money.....whatever the current price, builder has to sell the flat on agreed amount ....pls kindly go through ur agreement.

1 Like

ankit bajaj (consultant) 28 May 2012

Thanks all for your advice. Yes there is a clause for interest on delayed payment but till the last demand he never said that there is any interest due from my side. Infact his last letterm pay him XXXX amount and can take the posession of flat with in one month.

shankar (self) 23 June 2012

Hi Mr Ankit,

Can you please share your contact number/email id, I have same issue...How did u deal this...please help

Thanks

Shankar

Deep (Officer) 24 June 2012

Hello,

I booked a flat in navi mumbai through a property agent, but unfortunately for some financial crash i canceled that booking and now i am asking my booking amount back but builder is not responding well i gave 2.5lack as booking amount in which 1.5 as cheque and 1 lack as cash now i m worrying about my money please suggest how can get back my money. and that Property agent has not giving any receipt given by builder to me. Please HELP.