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Prashant Gautam   10 July 2017

Delay in possession

hi there,
i bought flat in dec 2013 which was under construction. as per sales deed, possession was expected in Dec 2015 plus 3months of agreed delay, if any. but its been more than 1 year and i haven't got possession of my flat.
there is no penalty clause mentioned by builder in sales deed if he fails to give possession in said time.
now he is intentionally making delay in possession.
please help me.what to do.



Learning

 4 Replies

Ms.Usha Kapoor (CEO)     11 July 2017

Afdter duly giving  a legal notice to the builder you file a suit fo r possession+ interest + damages from the builder  as there i s undue delay in handing over delivery since the title passed  to you from builder/seller through registered sale deed. The builder has to deliver possession forthwith  as there is undue delay.  You can file a case in consumer forumalso as there is deficit in service by  the builder in  handing over possession  to you without much delay or on  agreed time.You'd get the required relief.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 July 2017

In recent judgement by a consumer commission forum 

Compensation Paid: The Commission directed the Builder to complete the construction and hand over possession before 31.01.2017, failing which, they were to pay compensation in the form of simple interest @ 10% per annum from the committed date of possession till the date possession is offered to the apartment owner. Accordingly the Commission ordered the Builder to pay to the Complainant, compensation to the same effect as mentioned in the Apartment Buyers Agreement. The Builder was also required to pay Rs. 10,000/- as cost of litigation to the Complainant.

 

1 Like

Advocate Bhartesh goyal (advocate)     11 July 2017

File complaint before District Consumer Forum and claim compensation and cost of litigation for not delivering the possession of flat.
1 Like

Rajendra K Goyal (Advocate)     13 July 2017

File complaint with the consumer forum.

You can also demand your paid amount with compensesation.


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